By:  Kuempel                                            H.B. No. 73
       73R839 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the abolition of the Texas High-Speed Rail Authority.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  (a)  The Texas High-Speed Rail Authority is
    1-5  abolished.
    1-6        (b)  The franchise granted under the Texas High-Speed Rail
    1-7  Act (Article 6674v.2, Vernon's Texas Civil Statutes) is terminated,
    1-8  and the franchise agreement between the authority and the
    1-9  franchisee is void.
   1-10        (c)  The authority shall cease all its activities not later
   1-11  than the end of the second calendar month that begins after the
   1-12  effective date of this Act.
   1-13        (d)  Before the authority ceases its activities, it shall
   1-14  transfer all property and records in its custody to the Railroad
   1-15  Commission of Texas.  The railroad commission shall pay outstanding
   1-16  obligations of the authority, including lease and contract
   1-17  obligations, from operating funds transferred by the authority.
   1-18  After payment of authority obligations, the railroad commission
   1-19  shall submit any excess of the authority's operating funds to the
   1-20  comptroller for deposit in the state treasury to the credit of the
   1-21  general revenue fund.
   1-22        (e)  If the authority is involved in litigation on the
   1-23  effective date of this Act, the attorney general shall assume
   1-24  responsibility for concluding the litigation.
    2-1        (f)  The Texas High-Speed Rail Act (Article 6674v.2, Vernon's
    2-2  Texas Civil Statutes), including the amendments to that Act by
    2-3  Article 4, Chapter 7, Acts of the 72nd Legislature, 1st Called
    2-4  Session, 1991, enacted to take effect September 1, 1995, is
    2-5  repealed.
    2-6        SECTION 2.  Section 48.03, Alcoholic Beverage Code, is
    2-7  amended to read as follows:
    2-8        Sec. 48.03.  ELIGIBILITY FOR PERMIT.  The commission or
    2-9  administrator may issue a passenger train beverage permit to any
   2-10  corporation organized under Title 112, Revised Statutes, or under
   2-11  the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A.
   2-12  Section 501 et seq.), <or to a corporation holding a franchise
   2-13  issued by the Texas High-Speed Rail Authority,> operating a
   2-14  commercial passenger train service in or through the state.
   2-15  Application and payment of the fee shall be made directly to the
   2-16  commission.
   2-17        SECTION 3.  Article 2.12, Code of Criminal Procedure, as
   2-18  amended by Chapters 6 and 14, Acts of the 72nd Legislature, 1st
   2-19  Called Session, 1991, is amended to read as follows:
   2-20        Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
   2-21  officers:
   2-22              (1)  sheriffs and their deputies;
   2-23              (2)  constables and deputy constables;
   2-24              (3)  marshals or police officers of an incorporated
   2-25  city, town, or village;
   2-26              (4)  rangers and officers commissioned by the Public
   2-27  Safety Commission and the Director of the Department of Public
    3-1  Safety;
    3-2              (5)  investigators of the district attorneys', criminal
    3-3  district attorneys', and county attorneys' offices;
    3-4              (6)  law enforcement agents of the Texas Alcoholic
    3-5  Beverage Commission;
    3-6              (7)  each member of an arson investigating unit
    3-7  commissioned by a city, a county, or the state;
    3-8              (8)  officers commissioned under Subchapter E, Chapter
    3-9  51, Education  Code;
   3-10              (9)  officers commissioned by the <State Purchasing
   3-11  and> General Services Commission;
   3-12              (10)  law enforcement officers commissioned by the
   3-13  Parks and Wildlife Commission;
   3-14              (11)  airport police officers commissioned by a city
   3-15  with a population of more than one million, according to the most
   3-16  recent federal census, that operates an airport that serves
   3-17  commercial air carriers;
   3-18              (12)  airport security personnel commissioned as peace
   3-19  officers by the governing body of any political subdivision of this
   3-20  state, other than a city described by Subdivision (11), that
   3-21  operates an airport that serves commercial air carriers;
   3-22              (13)  municipal park and recreational patrolmen and
   3-23  security officers;
   3-24              (14)  security officers commissioned as peace officers
   3-25  by the State Treasurer;
   3-26              (15)  officers commissioned by a water control and
   3-27  improvement district under Section 51.132, Water Code;
    4-1              (16)  officers commissioned by a board of trustees
    4-2  under Chapter 341, Acts of the 57th Legislature, Regular Session,
    4-3  1961 (Article 1187f, Vernon's Texas Civil Statutes);
    4-4              (17)  investigators commissioned by the Texas State
    4-5  Board of Medical Examiners;
    4-6              (18)  officers commissioned by the board of managers of
    4-7  the Dallas County Hospital District, the Tarrant County Hospital
    4-8  District, or the Bexar County Hospital District under Section
    4-9  281.057, Health and Safety Code;
   4-10              (19)  county park rangers commissioned under Subchapter
   4-11  E, Chapter 351, Local Government Code;
   4-12              (20)  investigators employed by the Texas Racing
   4-13  Commission;
   4-14              (21)  officers commissioned by the State Board of
   4-15  Pharmacy;
   4-16              (22)  officers commissioned by the governing body of a
   4-17  metropolitan rapid transit authority under Section 13, Chapter 141,
   4-18  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   4-19  Vernon's Texas Civil Statutes), or by a regional transportation
   4-20  authority under Section 10, Chapter 683, Acts of the 66th
   4-21  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   4-22  Civil Statutes);
   4-23              (23)  <officers commissioned by the Texas High-Speed
   4-24  Rail Authority;>
   4-25              <(24)>  investigators commissioned by the attorney
   4-26  general under Section 402.009, Government Code; and
   4-27              (24) <(25)>  security officers and investigators
    5-1  commissioned as peace officers under the State Lottery Act.
    5-2        SECTION 4.  Section 316.033, Government Code, is amended to
    5-3  read as follows:
    5-4        Sec. 316.033.  FUNDS EXCLUDED.  This subchapter applies to
    5-5  funds established by state law, but does not apply to any portion
    5-6  of a fund derived from constitutionally dedicated revenues or to
    5-7  funds or fund balances that are:
    5-8              (1)  dedicated by the Texas Constitution;
    5-9              (2)  held in trust or escrow for the benefit of any
   5-10  person or entity other than a state agency;
   5-11              (3)  pledged to the payment of bonds, notes, or other
   5-12  debts;
   5-13              (4)  derived from gifts, donations, or endowments made
   5-14  to state agencies or institutions of higher education;
   5-15              (5)  pledged to the capital trust fund to be used for
   5-16  construction; or
   5-17              (6)  maintained by institutions of higher education,
   5-18  including the Texas State Technical College System<; or>
   5-19              <(7)  maintained by the Texas High-Speed Rail
   5-20  Authority>.
   5-21        SECTION 5.  Section 1.02(2), State Purchasing and General
   5-22  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   5-23  amended to read as follows:
   5-24              (2)  "State agency" means:
   5-25                    (A)  any department, commission, board, office,
   5-26  or other agency in the executive branch of state government created
   5-27  by the constitution or a statute of this state<, except the Texas
    6-1  High-Speed Rail Authority>;
    6-2                    (B)  the Supreme Court of Texas, the Court of
    6-3  Criminal Appeals of Texas, a court of <civil> appeals, or the Texas
    6-4  <Civil> Judicial Council; or
    6-5                    (C)  a university system or an institution of
    6-6  higher education as defined in Section 61.003, Texas Education
    6-7  Code, as amended, other than a public junior college.
    6-8        SECTION 6.  The importance of this legislation and the
    6-9  crowded condition of the calendars in both houses create an
   6-10  emergency and an imperative public necessity that the
   6-11  constitutional rule requiring bills to be read on three several
   6-12  days in each house be suspended, and this rule is hereby suspended,
   6-13  and that this Act take effect and be in force from and after its
   6-14  passage, and it is so enacted.