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.