By: Sims S.B. No. 641 A BILL TO BE ENTITLED AN ACT 1-1 relating to rural rail transportation districts. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Amend Section 5, Chapter 623, Acts of 67th 1-4 Legislature (Art. 6550c, V.A.T.S.) to read as follows: 1-5 Sec. 5. (a) A rural rail transportation district is a 1-6 public body exercising public and essential governmental functions 1-7 and having all the powers necessary or convenient to carry out the 1-8 purposes of this Act, including the powers granted in this section. 1-9 (b) A district has perpetual succession. 1-10 (c) A district may sue and be sued in all courts of 1-11 competent jurisdiction, may institute and prosecute suits without 1-12 giving security for costs, and may appeal from a judgment without 1-13 giving supersedeas or cost bond. 1-14 (d) A district may acquire by grant, purchase, gift, devise, 1-15 lease, or otherwise and may hold, use, sell, lease, or dispose of 1-16 real and personal property, licenses, patents, rights, and 1-17 interests necessary, convenient, or useful for the full exercise of 1-18 any of its powers under this Act. 1-19 (e) A district may acquire, construct, own, operate, and 1-20 maintain a system within its boundaries, both inside and outside 1-21 the limits of incorporated cities, towns and villages, and has the 1-22 right to use the streets, alleys, roads, highways, and other public 1-23 ways and to relocate, raise, lower, reroute, regulate, change the 2-1 grade of, and alter the construction of any street, alley, highway, 2-2 or road; any railroad track, bridge, or other facility or property; 2-3 any gas transmission or distribution pipes, pipelines, mains, or 2-4 other facility or property; any water, sanitary sewer, or storm 2-5 sewer pipes, pipelines, or other facility or property; any electric 2-6 lines, telegraph or telephone facility or property; any cable 2-7 television lines, cables, conduits, or other facility or property; 2-8 and pipelines and facilities, conduits and facilities, or other 2-9 property whether publicly or privately owned, in the construction, 2-10 reconstruction, repair, maintenance, or operation of the system. A 2-11 district shall pay the cost of any change made under this 2-12 subsection and is liable for any damage to property occurring 2-13 because of the change. 2-14 (f) A district has the right of eminent domain to acquire 2-15 lands in fee simple and any interest less than fee simple in, on, 2-16 under, or above lands, including, without limitation, easements, 2-17 rights-of-way, rights of use of airspace or subsurface space. The 2-18 right may not be exercised in a manner that would unduly interfere 2-19 with interstate commerce or unduly impair the neighborhood 2-20 character of property surrounding or adjacent to the property 2-21 sought to be condemned. Eminent domain proceedings brought by a 2-22 district are governed by Title 52, Revised Civil Statutes of Texas, 2-23 1925, except as it is inconsistent with this Act. Proceedings for 2-24 the exercise of the power of eminent domain are commenced by the 2-25 adoption by the board of a resolution declaring the public 3-1 necessity for the acquisition by the district of the property or 3-2 interest described in the resolution, and that the acquisition is 3-3 necessary and proper for the construction, extension, improvement, 3-4 or development of the system and is in the public interest. The 3-5 resolution of the district is conclusive evidence of the public 3-6 necessity of the proposed acquisition and that the real or personal 3-7 property or interest in property is necessary for public use. 3-8 (g) A district may enter into agreements with any other 3-9 public utility, private utility, communication system, common 3-10 carrier, or transportation system for the joint use of its 3-11 facilities, installations, or properties within the district and 3-12 establish through routes, joint fares, and, subject to approval of 3-13 any tariff-regulating body having jurisdiction, divisions of 3-14 tariffs. 3-15 (h) A district shall establish and maintain rents or other 3-16 compensation for the use of the facilities of the system acquired, 3-17 constructed, operated, regulated, or maintained by the district 3-18 that are reasonable and nondiscriminatory and, together with grants 3-19 received by the district, are sufficient to produce revenues 3-20 adequate: 3-21 (1) to pay all expenses necessary to the operation and 3-22 maintenance of the properties and facilities of the district; 3-23 (2) to pay the interest on and principal of all bonds 3-24 issued by the district under this Act payable in whole or in part 3-25 from the revenues, as they become due and payable; and 4-1 (3) to fulfill the terms of any agreements made with 4-2 the holders of bonds or with any person in their behalf. 4-3 (i) A district may make contracts, leases, and agreements 4-4 with, and accept grants and loans from the United States of 4-5 America, its departments and agencies, the state, its agencies, and 4-6 political subdivisions, and public or private corporations and 4-7 persons, and may generally perform all acts necessary for the full 4-8 exercise of the powers vested in it. A district may acquire 4-9 rolling stock or other property under conditional sales contracts, 4-10 leases, equipment trust certificates, or any other form of contract 4-11 or trust agreement. Any revenue bond indenture may provide 4-12 limitations on the exercise of the powers granted by this section, 4-13 and the limitations apply so long as any of the revenue bonds 4-14 issued pursuant to the indenture are outstanding and unpaid. 4-15 (j) A district may sell, lease, convey, or otherwise dispose 4-16 of any of its rights, interests, or properties not needed for or, 4-17 in the case of leases, not inconsistent with the efficient 4-18 operation and maintenance of the system. It may sell, lease, or 4-19 otherwise dispose of, at any time, any surplus materials or 4-20 personal or real property not needed for its requirements or for 4-21 the purpose of carrying out its power under this Act. 4-22 (k) A district by resolution may adopt rules and regulations 4-23 governing the use, operation, and maintenance of the system and 4-24 shall determine all routings and change them whenever the board 4-25 considers it advisable. 5-1 (l) A district may lease the system or any part to, or 5-2 contract for the use or operation of the system or any part by, any 5-3 operator. A district shall encourage to the maximum extent 5-4 practicable the participation of private enterprise in the 5-5 operation of the system. The provisions of Section 8 of this 5-6 Article apply to any such private enterprise participant. 5-7 (m) A district may contract with any county or other 5-8 political subdivision of the state for the district to provide rail 5-9 transportation services to any area outside the boundaries of the 5-10 district on such terms and conditions as may be agreed to by the 5-11 parties. 5-12 SECTION 2. The importance of this legislation and the 5-13 crowded condition of the calendars in both houses create an 5-14 emergency and an imperative public necessity that the 5-15 constitutional rule requiring bills to be read on three several 5-16 days in each house be suspended, and this rule is hereby suspended, 5-17 and that this Act take effect and be in force according to its 5-18 terms, and it is so enacted.