| (a) Purpose. Transportation Code, Chapter 456 requires
the commission to allocate, at the beginning of each state fiscal
year, certain amounts appropriated for public transportation. This
section sets out the policies, procedures, and requirements for that
allocation.
(b) Formula allocation. At the beginning of each state
fiscal year, an amount that does not exceed the amount appropriated
from all sources to the commission by the legislature for that biennium
for public transportation, other than federal funds and amounts specifically
appropriated for coordination, technical support, or other costs of
administration, will be allocated to urban and rural transit districts.
(1) If the appropriated amount to which this subsection
applies is at least $73,752,134, the commission will allocate $10,365,694
to large urban transit districts, $15,927,748 to small urban transit
districts, and $45,917,020 to rural transit districts. If the appropriated
amount is less than $73,752,134, the amounts allocated by this paragraph
will be reduced proportionately.
(A) Urban funds available under this section will be
allocated to urban transit districts as provided by this subparagraph.
(i) If at least $73,752,134 is appropriated as described
in paragraph (1) of this subsection, an urban transit district receiving
funds under Transportation Code, Section 456.006(b), will be allocated
for each year of the biennium an amount equal to the amount received
by that district in Fiscal Year 1997. These districts include the
cities of Arlington (amount $341,663), Grand Prairie (amount $170,584),
Mesquite (amount $142,455), and North Richland Hills (amount $116,134).
These allocations will be assigned from the small urban transit district
funds. If less than $73,752,134 is appropriated, the amounts allocated
by this clause will be reduced proportionately. If more than $73,752,134
is appropriated, an urban transit district to which this clause applies
is not eligible for additional funds under paragraph (2) or (3) of
this subsection.
(ii) One-half of the funds allocated to small urban
transit districts will be based on population by using the latest
census data available from the U.S. Census Bureau for each small urbanized
area relative to the sum of all small urbanized areas. One-half of
the funds allocated to small urban transit districts will be performance-based
allocations.
(iii) One-half of the funds allocated to large urban
transit districts will be based on population by using the latest
census data available from the U.S. Census Bureau for each large urbanized
area relative to the sum of all large urbanized areas served by urban
transit districts. A large urban transit district with an urbanized
area population of 300,000 or more will have the population adjusted
to reflect a population level of 299,999. One-half of the funds allocated
to large urban transit districts will be performance-based allocations.
(iv) An urban transit district is eligible for a performance-based
allocation under clause (ii) or (iii) of this subparagraph, as appropriate,
if it is in good standing with the department and has no deficiencies
and no findings of noncompliance. The commission will award the performance-based
funding based on the following weighted criteria: 30 percent for local
funds per operating expense, 20 percent for ridership per capita,
30 percent for ridership per revenue mile, and 20 percent for revenue
miles per operating expense. These criteria may be calculated using
the urban transit district's annual audit for the previously completed
fiscal year, data from other sources, or from the department's records.
(v) The public transportation division director commission,
in any year, may waive or approve an alternate calculation of an allocation
under this paragraph to an urban transit district or a group of urban
transit districts to mitigate unique conditions that negatively affect
the performance of the district or group, including natural disaster,
pandemic, or another event that specifically affects the service level
of the district or group. The alternate calculation may be used in
subsequent years at the discretion of the department.
(B) Rural funds allocated under this paragraph will
be allocated only to rural transit districts in rural areas based
upon need and performance as described in clauses (i) and (ii) of
this subparagraph.
(i) Sixty-five percent of the funding under this subparagraph
will be allocated to rural transit districts as a need based allocation
giving consideration to population weighted at 75 percent and on land
area weighted at 25 percent for each rural area relative to the sum
of all rural areas.
(ii) Thirty-five percent of the funding under this
subparagraph will be allocated to rural transit districts as a performance
based allocation. A rural transit district is eligible for funding
under this clause if it is in good standing with the department and
has no deficiencies and no findings of noncompliance. The commission
will award the funding by giving equal consideration to local funds
per operating expense, ridership per revenue mile, and revenue miles
per operating expense. These criteria may be calculated using the
rural transit district's annual audit for the previously completed
fiscal year, data from other sources, or from the department's records.
(iii) The public transportation division director commission,
in any year, may waive or approve an alternate calculation under this
paragraph to a rural transit district or a group of rural transit
districts to mitigate unique conditions that negatively affect the
performance of the district or group, including natural disaster,
pandemic, or another event that specifically affects the service level
of the district or group. The alternate calculation may be used in
subsequent years at the discretion of the department.
(C) Funds allocated under this section and any local
funds may be used for any transit-related activity except that an
urban transit district not included in a transit authority but located
in an urbanized area that includes one or more transit authorities
may use funds allocated under this section only to provide up to:
(i) 65 percent of the local share requirement for federally
financed projects for capital improvements;
(ii) 50 percent of the local share requirement for
projects for operating expenses and administrative costs;
(iii) 50 percent of the total cost of a public transportation
capital improvement, if the urban transit district certifies that
federal money is unavailable for the proposed project and the commission
finds that the proposed project is vitally important to the development
of public transportation in the state; and
(iv) 65 percent of the local share requirement for
federally financed planning activities.
(D) Subject to available appropriation, no award to
an urban or rural transit district under this paragraph will be less
than 90 percent of the award to that transit district for the previous
fiscal year. All allocations under subsection (b)(1)(A) and (B) of
this section are subject to revision to comply with this standard.
(2) The commission will award on a pro rata basis,
competitively, or using a combination of both, any appropriated amount
that remains after other allocations made under this subsection. Funds
awarded under this paragraph may be used to address transit district
service and capital development needs, changes in transit district
boundaries, unforeseen funding anomalies, emergency services response
and recovery needs, changes in economic conditions or availability
of assets significantly impacting current year operational expenses,
or other needs determined by the commission. Awards under this paragraph
are not subject to subsection (b)(1)(D) of this section in succeeding
fiscal years.
(c) Change in service area. If part of an urban or
rural transit district's service area is changed due to declaration
by the U.S. Census Bureau, or if the service area is otherwise altered,
the department and the urban or rural transit district shall negotiate
an appropriate adjustment in the funding awarded to that urban or
rural transit district for that funding year or any subsequent year,
as appropriate. This negotiated adjustment is not subject to subsection
(b)(1)(D) of this section.
(d) Unobligated funds. Any funds under this section
that an urban or rural transit district has not applied for before
the November commission meeting in the second year of a state fiscal
biennium may be administered by the commission under the discretionary
program described in §31.13 of this subchapter (relating to Discretionary
Program).
(e) Returned funds. Any funds under this section that
an urban or rural transit district agrees to return to the department,
if eligible for reallocation, will be administered by the commission
under the discretionary program described in §31.13 of this subchapter.
(f) Application. To receive funds allocated under this
section, a transit district must first submit a completed and certified
application, in the form prescribed by the department. The application
must include a statement that the proposed public transportation project
is consistent with continuing, cooperating, and comprehensive regional
transportation planning implemented in accordance with 49 U.S.C. §5301.
Federal approval of a proposed public transportation project will
be accepted as a determination that all federal planning requirements
have been met.
(g) Project evaluation. In evaluating a project under
this section, the department will consider the need for fast, safe,
efficient, and economical public transportation and the approval of
the FTA, or its successor.
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| Source Note: The provisions of this §31.11 adopted to be effective November 23, 1989, 14 TexReg 5938; amended to be effective January 10, 1992, 17 TexReg 47; amended to be effective January 13, 1994, 19 TexReg 90; amended to be effective March 22, 1996, 21 TexReg 2096; amended to be effective March 26, 1998, 23 TexReg 3044; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective September 1, 2004, 29 TexReg 6734; amended to be effective June 20, 2005, 30 TexReg 3606; amended to be effective July 20, 2006, 31 TexReg 5675; amended to be effective February 21, 2008, 33 TexReg 1380; amended to be effectiveApril 19, 2012, 37 TexReg 2696; amended to be effective November 21, 2013, 38 TexReg 8253; amended to be effective December 6, 2017, 42 TexReg 6815; amended to be effective May 15, 2024, 49 TexReg 3375 |
