By:  Kuempel                                           H.B. No. 553
       73R2918 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of bonds and public funds by the Texas
    1-3  High-Speed Rail Authority.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 6, Texas High-Speed Rail Act (Article
    1-6  6674v.2, Revised Statutes), is amended by amending Subsection (b)
    1-7  and adding Subsection (f) to read as follows:
    1-8        (b)  The board may:
    1-9              (1)  accept donations, contributions, grants, or gifts
   1-10  from any private source for any purpose; however, the board or
   1-11  franchisee may not accept funds from the state, a political
   1-12  subdivision of the state, or the federal government for purposes
   1-13  <legislative appropriations or other state funds may be used only
   1-14  for planning but not for financing, acquisition, construction,
   1-15  maintenance, or operation> of the high-speed rail facility;
   1-16              (2)  acquire by contract purchase, grant, purchase,
   1-17  gift, devise, lease, or contribution from any source and hold, use,
   1-18  sell, lease, or dispose of any property, including property of a
   1-19  franchisee;
   1-20              (3)  grant a franchise for the financing, construction,
   1-21  improvement, use, or operation of all or part of a high-speed rail
   1-22  facility in incorporated and unincorporated areas of the state;
   1-23              (4)  use, close, relocate, raise, reroute, impact,
   1-24  change the grade of, or alter the construction of a street, alley,
    2-1  highway, or road with the approval of the Texas <State> Department
    2-2  of <Highways and Public> Transportation and may also close,
    2-3  relocate, change the grade of, or alter the construction of a
    2-4  railroad, electric line, electric facility, telegraph and telephone
    2-5  property or facility, pipeline, pipeline facility, or other
    2-6  property, whether publicly or privately owned, as necessary or
    2-7  useful in the construction, reconstruction, repair, maintenance, or
    2-8  operation of a high-speed rail facility, at the expense of the
    2-9  authority which in all cases must be reimbursed by the franchisee
   2-10  or others pursuant to this Act;
   2-11              (5)  regulate outdoor advertising, signs, junkyards,
   2-12  and automobile graveyards located adjacent to a right-of-way of the
   2-13  authority in the same manner that the Texas <State Highway and
   2-14  Public> Transportation Commission regulates such uses and
   2-15  conditions along the main traveled way of the interstate or primary
   2-16  highway systems under Article IV, Section 1, Chapter 741, Acts of
   2-17  the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
   2-18  Vernon's Texas Civil Statutes);
   2-19              (6)  employ and remove any person, firm, partnership,
   2-20  or corporation considered necessary by the board for the conduct of
   2-21  the affairs of the authority, including a general manager,
   2-22  bookkeepers, auditors, engineers, attorneys, financial advisors,
   2-23  and advisors;
   2-24              (7)  receive services from the state, the Railroad
   2-25  Commission of Texas, the Texas Department of Commerce, the Texas
   2-26  <State> Department of <Highways and Public> Transportation, the
   2-27  Texas Turnpike Authority, other state agency having statewide
    3-1  jurisdiction, or any county, municipal corporation, or other
    3-2  political subdivision of the state for the acquisition of a
    3-3  high-speed rail facility;
    3-4              (8)  adopt and implement rules and management policies
    3-5  including those for the investment of public funds necessary to
    3-6  implement this Act;
    3-7              (9)  exercise the power of eminent domain provided the
    3-8  cost thereof is paid by the franchisee; and
    3-9              (10)  in performing its duties under this Act, contract
   3-10  or cooperate with any person, corporation, or entity.
   3-11        (f)  The board may not issue bonds, and the franchisee may
   3-12  not issue tax-exempt bonds for purposes of the high-speed rail
   3-13  facility.
   3-14        SECTION 2.  Section 6, Texas High-Speed Rail Act (Article
   3-15  6674v.2, Revised Statutes), as amended by Section 4.02, Chapter 7,
   3-16  Acts of the 72nd Legislature, 1st Called Session, 1991, to take
   3-17  effect September 1, 1995, is amended by amending Subsection (b) and
   3-18  adding Subsection (f) to read as follows:
   3-19        (b)  The Railroad Commission of Texas may:
   3-20              (1)  accept donations, contributions, grants, or gifts
   3-21  from any private source for any purpose; however, the commission or
   3-22  the franchisee may not accept funds from the state, a political
   3-23  subdivision of the state, or the federal government for purposes
   3-24  <legislative appropriations or other state funds may be used only
   3-25  for planning but not for financing, acquisition, construction,
   3-26  maintenance, or operation> of the high-speed rail facility;
   3-27              (2)  acquire by contract purchase, grant, purchase,
    4-1  gift, devise, lease, or contribution from any source and hold, use,
    4-2  sell, lease, or dispose of any property, including property of a
    4-3  franchisee;
    4-4              (3)  grant a franchise for the financing, construction,
    4-5  improvement, use, or operation of all or part of a high-speed rail
    4-6  facility in incorporated and unincorporated areas of the state;
    4-7              (4)  use, close, relocate, raise, reroute, impact,
    4-8  change the grade of, or alter the construction of a street, alley,
    4-9  highway, or road with the approval of the Texas Department of
   4-10  Transportation and may also close, relocate, change the grade of,
   4-11  or alter the construction of a railroad, electric line, electric
   4-12  facility, telegraph and telephone property or facility, pipeline,
   4-13  pipeline facility, or other property, whether publicly or privately
   4-14  owned, as necessary or useful in the construction, reconstruction,
   4-15  repair, maintenance, or operation of a high-speed rail facility, at
   4-16  the expense of the authority which in all cases must be reimbursed
   4-17  by the franchisee or others pursuant to this Act;
   4-18              (5)  regulate outdoor advertising, signs, junkyards,
   4-19  and automobile graveyards located adjacent to a right-of-way of the
   4-20  authority in the same manner that the Texas Transportation
   4-21  Commission regulates such uses and conditions along the main
   4-22  traveled way of the interstate or primary highway systems under
   4-23  Article V, Section 1, Chapter 741, Acts of the 67th Legislature,
   4-24  Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
   4-25  Statutes);
   4-26              (6)  employ and remove any person, firm, partnership,
   4-27  or corporation considered necessary by the board for the conduct of
    5-1  the affairs of the authority, including a general manager,
    5-2  bookkeepers, auditors, engineers, attorneys, financial advisors,
    5-3  and advisors;
    5-4              (7)  receive services from the state, the Texas
    5-5  Department of Commerce, the Texas Department of Transportation,
    5-6  other state agencies having statewide jurisdiction, or any county,
    5-7  municipal corporation, or other political subdivision of the state
    5-8  for the acquisition of a high-speed rail facility;
    5-9              (8)  adopt and implement rules and management policies
   5-10  including those for the investment of public funds necessary to
   5-11  implement this Act;
   5-12              (9)  exercise the power of eminent domain provided the
   5-13  cost thereof is paid by the franchisee; and
   5-14              (10)  in performing its duties under this Act, contract
   5-15  or cooperate with any person, corporation, or entity.
   5-16        (f)  The commission may not issue bonds, and the franchisee
   5-17  may not issue tax-exempt bonds, for purposes of the high-speed rail
   5-18  facility.
   5-19        SECTION 3.  (a)  Except as provided by Subsection (b) of this
   5-20  section, this Act takes effect immediately.
   5-21        (b)  Section 2 of this Act takes effect September 1, 1995.
   5-22        SECTION 4.  The importance of this legislation and the
   5-23  crowded condition of the calendars in both houses create an
   5-24  emergency and an imperative public necessity that the
   5-25  constitutional rule requiring bills to be read on three several
   5-26  days in each house be suspended, and this rule is hereby suspended,
   5-27  and that this Act take effect and be in force according to its
    6-1  terms, and it is so enacted.