1-1 By: Sims S.B. No. 641
1-2 (In the Senate - Filed March 4, 1993; March 8, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 19, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 19, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to rural rail transportation districts.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 5, Chapter 623, Acts of 67th Legislature,
1-26 Regular Session, 1981 (Article 6550c, Vernon's Texas Civil
1-27 Statutes), is amended to read as follows:
1-28 Sec. 5. POWERS OF DISTRICT. (a) A rural rail
1-29 transportation district is a public body exercising public and
1-30 essential governmental functions and having all the powers
1-31 necessary or convenient to carry out the purposes of this Act,
1-32 including the powers granted in this section.
1-33 (b) A district has perpetual succession.
1-34 (c) A district may sue and be sued in all courts of
1-35 competent jurisdiction, may institute and prosecute suits without
1-36 giving security for costs, and may appeal from a judgment without
1-37 giving supersedeas or cost bond.
1-38 (d) A district may acquire by grant, purchase, gift, devise,
1-39 lease, or otherwise and may hold, use, sell, lease, or dispose of
1-40 real and personal property, licenses, patents, rights, and
1-41 interests necessary, convenient, or useful for the full exercise of
1-42 any of its powers under this Act.
1-43 (e) A district may acquire, construct, own, operate, and
1-44 maintain a system within its boundaries, both inside and outside
1-45 the limits of incorporated cities, towns, and villages, and has the
1-46 right to use the streets, alleys, roads, highways, and other public
1-47 ways and to relocate, raise, lower, reroute, regulate, change the
1-48 grade of, and alter the construction of any street, alley, highway,
1-49 or road; any railroad track, bridge, or other facility or property;
1-50 any gas transmission or distribution pipes, pipelines, mains, or
1-51 other facility or property; any water, sanitary sewer, or storm
1-52 sewer pipes, pipelines, or other facility or property; any electric
1-53 lines, telegraph or telephone facility or property; any cable
1-54 television lines, cables, conduits, or other facility or property;
1-55 and pipelines and facilities, conduits and facilities, or other
1-56 property whether publicly or privately owned, in the construction,
1-57 reconstruction, repair, maintenance, or operation of the system. A
1-58 district shall pay the cost of any change made under this
1-59 subsection and is liable for any damage to property occurring
1-60 because of the change.
1-61 (f) A district has the right of eminent domain to acquire
1-62 lands in fee simple and any interest less than fee simple in, on,
1-63 under, or above lands, including, without limitation, easements,
1-64 rights-of-way, rights of use of airspace or subsurface space. The
1-65 right may not be exercised in a manner that would unduly interfere
1-66 with interstate commerce or unduly impair the neighborhood
1-67 character of property surrounding or adjacent to the property
1-68 sought to be condemned. Eminent domain proceedings brought by a
2-1 district are governed by Title 52, Revised Civil Statutes of Texas,
2-2 1925, except as it is inconsistent with this Act. Proceedings for
2-3 the exercise of the power of eminent domain are commenced by the
2-4 adoption by the board of a resolution declaring the public
2-5 necessity for the acquisition by the district of the property or
2-6 interest described in the resolution, and that the acquisition is
2-7 necessary and proper for the construction, extension, improvement,
2-8 or development of the system and is in the public interest. The
2-9 resolution of the district is conclusive evidence of the public
2-10 necessity of the proposed acquisition and that the real or personal
2-11 property or interest in property is necessary for public use.
2-12 (g) A district may enter into agreements with any other
2-13 public utility, private utility, communication system, common
2-14 carrier, or transportation system for the joint use of its
2-15 facilities, installations, or properties within the district and
2-16 establish through routes, joint fares, and, subject to approval of
2-17 any tariff-regulating body having jurisdiction, divisions of
2-18 tariffs.
2-19 (h) A district shall establish and maintain rents or other
2-20 compensation for the use of the facilities of the system acquired,
2-21 constructed, operated, regulated, or maintained by the district
2-22 that are reasonable and nondiscriminatory and, together with grants
2-23 received by the district, are sufficient to produce revenues
2-24 adequate:
2-25 (1) to pay all expenses necessary to the operation and
2-26 maintenance of the properties and facilities of the district;
2-27 (2) to pay the interest on and principal of all bonds
2-28 issued by the district under this Act payable in whole or in part
2-29 from the revenues, as they become due and payable; and
2-30 (3) to fulfill the terms of any agreements made with
2-31 the holders of bonds or with any person in their behalf.
2-32 (i) A district may make contracts, leases, and agreements
2-33 with, and accept grants and loans from the United States of
2-34 America, its departments and agencies, the state, its agencies, and
2-35 political subdivisions, and public or private corporations and
2-36 persons, and may generally perform all acts necessary for the full
2-37 exercise of the powers vested in it. A district may acquire
2-38 rolling stock or other property under conditional sales contracts,
2-39 leases, equipment trust certificates, or any other form of contract
2-40 or trust agreement. Any revenue bond indenture may provide
2-41 limitations on the exercise of the powers granted by this section,
2-42 and the limitations apply so long as any of the revenue bonds
2-43 issued pursuant to the indenture are outstanding and unpaid.
2-44 (j) A district may sell, lease, convey, or otherwise dispose
2-45 of any of its rights, interests, or properties not needed for or,
2-46 in the case of leases, not inconsistent with the efficient
2-47 operation and maintenance of the system. It may sell, lease, or
2-48 otherwise dispose of, at any time, any surplus materials or
2-49 personal or real property not needed for its requirements or for
2-50 the purpose of carrying out its power under this Act.
2-51 (k) A district by resolution may adopt rules and regulations
2-52 governing the use, operation, and maintenance of the system and
2-53 shall determine all routings and change them whenever the board
2-54 considers it advisable.
2-55 (l) A district may lease the system or any part to, or
2-56 contract for the use or operation of the system or any part by, any
2-57 operator. A district shall encourage to the maximum extent
2-58 practicable the participation of private enterprise in the
2-59 operation of the system. The provisions of Section 8 of this Act
2-60 apply to any such private enterprise participant.
2-61 (m) A district may contract with any county or other
2-62 political subdivision of the state for the district to provide rail
2-63 transportation services to any area outside the boundaries of the
2-64 district on such terms and conditions as may be agreed to by the
2-65 parties.
2-66 SECTION 2. The importance of this legislation and the
2-67 crowded condition of the calendars in both houses create an
2-68 emergency and an imperative public necessity that the
2-69 constitutional rule requiring bills to be read on three several
2-70 days in each house be suspended, and this rule is hereby suspended,
3-1 and that this Act take effect and be in force from and after its
3-2 passage, and it is so enacted.
3-3 * * * * *
3-4 Austin,
3-5 Texas
3-6 April 19, 1993
3-7 Hon. Bob Bullock
3-8 President of the Senate
3-9 Sir:
3-10 We, your Committee on State Affairs to which was referred S.B.
3-11 No. 641, have had the same under consideration, and I am instructed
3-12 to report it back to the Senate with the recommendation that it do
3-13 pass and be printed.
3-14 Rosson,
3-15 Vice-Chairman
3-16 * * * * *
3-17 WITNESSES
3-18 FOR AGAINST ON
3-19 ___________________________________________________________________
3-20 Name: Tom C Massey x
3-21 Representing: South Orient Railroad Co Ltd
3-22 City: San Angelo
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