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House Bill 1750 |
House Author: Darby |
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Effective: 6-17-11 |
Senate Sponsor: Williams |
House Bill 1750 amends the Transportation Code to authorize the executive director of the Texas Department of Transportation to issue an order authorizing the department to lease rolling stock and to contract with a qualified person or rail operator to operate rolling stock if the director determines that a natural or man-made condition exists that threatens a department rail facility or the provision of safe and efficient rail services using a department rail facility and the condition threatens health, life, or property in the affected area. The bill prohibits such an order from taking effect until reasonable notice is given in a specified manner and requires the order to expire not later than the 30th day after the date the order is issued. The bill authorizes the director to amend, modify, or rescind an order while the order is effective and to issue one or more successive orders.
The bill prohibits the department from using department employees to operate rolling stock and authorizes the department to enter into a contract with a qualified person or rail operator to operate rolling stock, as authorized by an order, for a period not to exceed 90 days without using competitive bidding procedures if the department attempts to negotiate with at least three qualified persons during the contracting process. The bill requires the department to send a copy of such a contract to the Legislative Budget Board immediately after the department enters into the contract. The bill authorizes the department to use any available funds to implement the bill's provisions and requires the department to attempt to recover any state funds used for that purpose.