Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter B - STATE PROGRAMS › Section 31.11 - Formula Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Transportation Code, Chapter 456 requires the commission to allocate, at the
				  beginning of each fiscal biennium, 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 biennium, an amount equal to 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 $69,982,134, the commission will allocate
				  $7,000,000 to large urban transit districts, $20,118,748 to small urban transit
				  districts, and $42,863,386 to rural transit districts. If the appropriated
				  amount is less than $69,982,134, 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
				  $69,982,134 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 $69,982,134 is appropriated, the amounts allocated by this clause
				  will be reduced proportionately. If more than $69,982,134 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) If an urban transit district experiences
				  a negative impact in its performance factor calculations due to the acquisition
				  or loss of service area, a natural disaster, including wind, fire, or flood, or
				  an unforeseen anomaly, the department may mitigate that negative impact with an
				  alternate calculation addressing the specific situation. The alternate
				  calculation may be used in subsequent years at the discretion of the
				  department.