Cook Bill Drops Race-Neutral Rule For Transportation Commission Picks

The text as introduced · 381 words

By: Cook
S.B. No. 2770

A BILL TO BE ENTITLED

AN ACT

relating to equitable representation in decision making for

transportation planning.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 201.05l(b) and (i), Transportation Code, are

amended to read as follows:

(b) The members shall be appointed to reflect the diverse

geographic regions and population groups of this state. One member

must reside in a rural area and be a registered voter of a county

with a population of less than 150,000. One member must have

experience as a frequent transit user, bicycle or pedestrian

commuter, or as a person with a disability that has affected their

use of the transportation system.

(i) Appointments to the commission shall [ be made without

regard to race, color, disability, sex, religion, age, or national

origin of the appointees and shall ] reflect the diversity of the

population of the state as a whole.

SECTION 2. Subchapter H, Chapter 201, Transportation Code,

is amended by adding Section 201.6016 to read as follows:

Sec. 201.6016. EQUITABLE DECISION MAKING POLICY. The

department shall develop and implement a policy for equitable

decision making in the transportation planning process. The policy

must:

(1) analyze race, ethnicity, gender, disability, and

geographic representation in positions and on boards, commissions,

and committees responsible for transportation planning-related

decisions, including:

(A) metropolitan planning organization

committees;

(B) department executive leadership;

(C) the commission; and

(D) governing bodies of:

(i) regional mobility authorities, county

toll road authorities, and regional tollway authorities;

(ii) transit authorities; and

(iii) port authorities;

(2) analyze public participation in the department's

planning processes to ensure people of all races, ethnicities,

genders, abilities, socio-economic status, languages, and

geographic locations are successfully participating in those

processes; and

(3) establish guidelines for the entities under

Subdivision (1) to achieve equitable representation, including at

least the following:

(A) proposing new joint powers agreements and

bylaws to remedy problems;

(B) guidance on improving public processes;

(C) guidance for adopting proportional voting

systems based upon residential populations of member governments to

provide equal representation for all residents in decisions of

entities such as metropolitan planning organizations; and

(D) guidance for entities to include people with

disabilities at all levels of decision making.

SECTION 3. This Act takes effect September 1, 2021.