By: Turner, et al. S.B. No. 787
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the powers and duties of the Texas High-Speed Rail
1-2 Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (2), Section 1.02, State Purchasing
1-5 and General Services Act (Article 601b, Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 (2) "State agency" means:
1-8 (A) any department, commission, board, office,
1-9 or other agency in the executive branch of state government created
1-10 by the constitution or a statute of this state<, except the Texas
1-11 High-Speed Rail Authority>;
1-12 (B) the Supreme Court of Texas, the Court of
1-13 Criminal Appeals of Texas, a court of civil appeals, or the Texas
1-14 Civil Judicial Council; or
1-15 (C) a university system or an institution of
1-16 higher education as defined in Section 61.003, Texas Education
1-17 Code, as amended, other than a public junior college.
1-18 SECTION 2. Article 1, State Purchasing and General Services
1-19 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-20 adding Section 1.05 to read as follows:
1-21 Sec. 1.05. AWARD OF FRANCHISE BY TEXAS HIGH-SPEED RAIL
1-22 AUTHORITY. The award of a franchise by the Texas High-Speed Rail
1-23 Authority under the Texas High-Speed Rail Act (Article 6674v.2,
1-24 Revised Statutes) and its subsequent amendments is exempt from the
2-1 provisions of this Act.
2-2 SECTION 3. Subsection (a), Section 4, Texas High-Speed Rail
2-3 Act (Article 6674v.2, Revised Statutes), is amended to read as
2-4 follows:
2-5 (a)(1) The authority is administered by a board of directors
2-6 composed of five <11> directors <who shall occupy, respectively,
2-7 places on the board to be designated Places 1, 2, 3, 4, 5, 6, 7, 8,
2-8 9, 10, and 11>.
2-9 (2) Place 1 shall be occupied by the <chairman of the
2-10 State Highway and Public Transportation Commission or the chairman
2-11 of the State Board of Transportation, whichever is applicable.
2-12 This ex officio position is not a separate and distinct office but
2-13 an additional duty imposed upon the chairman of the State Highway
2-14 and Public Transportation Commission or State Board of
2-15 Transportation.>
2-16 <(3) Place 2 shall be occupied by the chairman of the
2-17 Texas Turnpike Authority. This ex officio position is not a
2-18 separate and distinct office but an additional duty imposed on the
2-19 chairman of the Texas Turnpike Authority.>
2-20 <(4) Place 3 shall be occupied initially by the person
2-21 who is the chairman of the board of directors or executive
2-22 committee, as applicable, on June 16, 1989, of a metropolitan
2-23 transit authority organized under the provisions of Chapter 141,
2-24 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-25 Vernon's Texas Civil Statutes), containing a principal city with a
2-26 population of 1.5 million or more according to the last preceding
2-27 federal census. The person initially occupying Place 3 shall serve
3-1 until June 1, 1993. Thereafter, or in the event of a vacancy,
3-2 Place 3 shall be occupied by a person who is or has been a member
3-3 of such a board or committee and who is appointed by the governor
3-4 with the advice and consent of the senate.>
3-5 <(5) Place 4 shall be occupied initially by the person
3-6 who is chairman of the board of directors or executive committee,
3-7 as applicable, on June 16, 1989, of a regional transportation
3-8 authority organized under the provisions of Chapter 683, Acts of
3-9 the 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
3-10 Statutes), that contains a subregion with a principal city having a
3-11 population of 800,000 or more according to the last preceding
3-12 federal census. The person initially occupying Place 4 in any case
3-13 shall serve until the end of his term as a director of the
3-14 authority as provided in Section 2 of this Act as originally
3-15 enacted. Thereafter, or in the event of a vacancy, Place 4 shall
3-16 be occupied by a person who is or has been a member of such board
3-17 or committee and who is appointed by the governor with the advice
3-18 and consent of the senate.>
3-19 <(6) Place 5 shall be occupied by a person who is or
3-20 has been a member of the executive committee, a subregional board
3-21 of directors, or the board of directors of a regional
3-22 transportation authority organized under the provisions of Chapter
3-23 683, Acts of the 66th Legislature, 1979 (Article 1118y, Vernon's
3-24 Texas Civil Statutes), that contains a subregion with a principal
3-25 city having a population of less than 800,000 according to the last
3-26 preceding federal census and who is appointed by the governor with
3-27 the advice and consent of the senate.>
4-1 <(7) Place 6 shall be occupied by the> member of the
4-2 Railroad Commission of Texas whose term expires in 1992 and the
4-3 successor to that office. This ex officio position is not a
4-4 separate and distinct office but an additional duty imposed on the
4-5 office of railroad commissioner.
4-6 (3) Place 2 <(8) Places 7, 8, and 9 shall be occupied
4-7 by persons appointed by the governor with the advice and consent of
4-8 the senate.>
4-9 <(9) Place 10> shall be occupied by the member of the
4-10 Railroad Commission of Texas whose term of office expires in 1994
4-11 and the successor to that office. This ex officio position is not
4-12 a separate and distinct office but an additional duty imposed on
4-13 the office of railroad commissioner.
4-14 (4) Place 3 <(10) Place 11> shall be occupied by the
4-15 member of the Railroad Commission of Texas whose term of office
4-16 expires in 1996. This ex officio position is not a separate and
4-17 distinct office but an additional duty imposed on the office of
4-18 railroad commissioner.
4-19 (5) Places 4 and 5 shall be occupied by persons
4-20 serving on the board on June 1, 1993, whose terms would expire on
4-21 June 1, 1997, except for the abolition of the authority as provided
4-22 by Section 4.14, Chapter 7, Acts of the 72nd Legislature, 1st
4-23 Called Session, 1991.
4-24 SECTION 4. Subsection (b), Section 6, Texas High-Speed Rail
4-25 Act (Article 6674v.2, Revised Statutes), is amended to read as
4-26 follows:
4-27 (b) The board may:
5-1 (1) accept donations, contributions, grants, or gifts
5-2 from any source for any purpose; however, legislative
5-3 appropriations or other state funds may be used only for planning
5-4 but not for financing, acquisition, construction, maintenance, or
5-5 operation of the high-speed rail facility;
5-6 (2) acquire by contract purchase, grant, purchase,
5-7 gift, devise, lease, or contribution from any source and hold, use,
5-8 sell, lease, or dispose of any property, including property of a
5-9 franchisee;
5-10 (3) grant a franchise for the financing, construction,
5-11 improvement, use, or operation of all or part of a high-speed rail
5-12 facility in incorporated and unincorporated areas of the state;
5-13 (4) use, close, relocate, raise, reroute, impact,
5-14 change the grade of, or alter the construction of a street, alley,
5-15 highway, or road with the approval of the Texas <State> Department
5-16 of <Highways and Public> Transportation and may also close,
5-17 relocate, change the grade of, or alter the construction of a
5-18 railroad, electric line, electric facility, telegraph and telephone
5-19 property or facility, pipeline, pipeline facility, or other
5-20 property, whether publicly or privately owned, as necessary or
5-21 useful in the construction, reconstruction, repair, maintenance, or
5-22 operation of a high-speed rail facility, at the expense of the
5-23 authority which in all cases must be reimbursed by the franchisee
5-24 or others pursuant to this Act;
5-25 (5) regulate outdoor advertising, signs, junkyards,
5-26 and automobile graveyards located adjacent to a right-of-way of the
5-27 authority in the same manner that the Texas <State Highway and
6-1 Public> Transportation Commission regulates such uses and
6-2 conditions along the main traveled way of the interstate or primary
6-3 highway systems under Article IV, Section 1, Chapter 741, Acts of
6-4 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
6-5 Vernon's Texas Civil Statutes);
6-6 (6) employ and remove any person, firm, partnership,
6-7 or corporation considered necessary by the board for the conduct of
6-8 the affairs of the authority, including a general manager,
6-9 bookkeepers, auditors, engineers, attorneys, financial advisors,
6-10 and advisors;
6-11 (7) receive services from the state, the Railroad
6-12 Commission of Texas, the Texas Department of Commerce, the Texas
6-13 <State> Department of <Highways and Public> Transportation, the
6-14 Texas Turnpike Authority, other state agency having statewide
6-15 jurisdiction, or any county, municipal corporation, or other
6-16 political subdivision of the state for the acquisition of a
6-17 high-speed rail facility;
6-18 (8) adopt and implement rules and management policies
6-19 <including those for the investment of public funds> necessary to
6-20 implement this Act;
6-21 (9) exercise the power of eminent domain provided the
6-22 cost thereof is paid by the franchisee; and
6-23 (10) in performing its duties under this Act, contract
6-24 or cooperate with any person, corporation, or entity.
6-25 SECTION 5. Effective September 1, 1995, Subsection (b),
6-26 Section 6, Texas High-Speed Rail Act (Article 6674v.2, Revised
6-27 Statutes), as amended by Section 4.02, Chapter 7, Acts of the 72nd
7-1 Legislature, 1st Called Session, 1991, is amended to read as
7-2 follows:
7-3 (b) The Railroad Commission of Texas may:
7-4 (1) accept donations, contributions, grants, or gifts
7-5 from any source for any purpose; however, legislative
7-6 appropriations or other state funds may be used only for planning
7-7 but not for financing, acquisition, construction, maintenance, or
7-8 operation of the high-speed rail facility;
7-9 (2) acquire by contract purchase, grant, purchase,
7-10 gift, devise, lease, or contribution from any source and hold, use,
7-11 sell, lease, or dispose of any property, including property of a
7-12 franchisee;
7-13 (3) grant a franchise for the financing, construction,
7-14 improvement, use, or operation of all or part of a high-speed rail
7-15 facility in incorporated and unincorporated areas of the state;
7-16 (4) use, close, relocate, raise, reroute, impact,
7-17 change the grade of, or alter the construction of a street, alley,
7-18 highway, or road with the approval of the Texas Department of
7-19 Transportation and may also close, relocate, change the grade of,
7-20 or alter the construction of a railroad, electric line, electric
7-21 facility, telegraph and telephone property or facility, pipeline,
7-22 pipeline facility, or other property, whether publicly or privately
7-23 owned, as necessary or useful in the construction, reconstruction,
7-24 repair, maintenance, or operation of a high-speed rail facility, at
7-25 the expense of the authority which in all cases must be reimbursed
7-26 by the franchisee or others pursuant to this Act;
7-27 (5) regulate outdoor advertising, signs, junkyards,
8-1 and automobile graveyards located adjacent to a right-of-way of the
8-2 authority in the same manner that the Texas Transportation
8-3 Commission regulates such uses and conditions along the main
8-4 traveled way of the interstate or primary highway systems under
8-5 Article V, Section 1, Chapter 741, Acts of the 67th Legislature,
8-6 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
8-7 Statutes);
8-8 (6) employ and remove any person, firm, partnership,
8-9 or corporation considered necessary by the board for the conduct of
8-10 the affairs of the authority, including a general manager,
8-11 bookkeepers, auditors, engineers, attorneys, financial advisors,
8-12 and advisors;
8-13 (7) receive services from the state, the Texas
8-14 Department of Commerce, the Texas Department of Transportation,
8-15 other state agencies having statewide jurisdiction, or any county,
8-16 municipal corporation, or other political subdivision of the state
8-17 for the acquisition of a high-speed rail facility;
8-18 (8) adopt and implement rules and management policies
8-19 <including those for the investment of public funds> necessary to
8-20 implement this Act;
8-21 (9) exercise the power of eminent domain provided the
8-22 cost thereof is paid by the franchisee; and
8-23 (10) in performing its duties under this Act, contract
8-24 or cooperate with any person, corporation, or entity.
8-25 SECTION 6. Part I, Texas High-Speed Rail Act (Article
8-26 6674v.2, Revised Statutes), is amended by adding Sections 6B and 6C
8-27 to read as follows:
9-1 Sec. 6B. OUTSIDE COUNSEL FOR LEGAL SERVICES. (a) In
9-2 performing its duties under this Act, the board may not enter a
9-3 contract for legal services with an attorney, other than a
9-4 full-time employee of the agency, without the approval of the
9-5 attorney general. If the attorney general denies approval of a
9-6 contract under this subsection, the attorney general shall provide
9-7 the board with legal services to administer this Act as the
9-8 attorney general determines appropriate.
9-9 (b) For purposes of this section, the functions of a hearing
9-10 examiner, administrative law judge, or other quasi-judicial officer
9-11 are not considered legal services.
9-12 Sec. 6C. USE OF EXISTING RIGHT-OF-WAY. The board shall, to
9-13 the greatest extent practicable, make use of available existing
9-14 highway or rail right-of-way for a high-speed rail facility.
9-15 SECTION 7. Effective September 1, 1995, Part I, Texas
9-16 High-Speed Rail Act (Article 6674v.2, Revised Statutes), is amended
9-17 by amending Sections 6B and 6C to read as follows:
9-18 Sec. 6B. OUTSIDE COUNSEL FOR LEGAL SERVICES. (a) In
9-19 performing its duties under this Act, the commission <board> may
9-20 not enter a contract for legal services with an attorney, other
9-21 than a full-time employee of the agency, without the approval of
9-22 the attorney general. If the attorney general denies approval of a
9-23 contract under this subsection, the attorney general shall provide
9-24 the commission <board> with legal services to administer this Act
9-25 as the attorney general determines appropriate.
9-26 (b) For purposes of this section, the functions of a hearing
9-27 examiner, administrative law judge, or other quasi-judicial officer
10-1 are not considered legal services.
10-2 Sec. 6C. USE OF EXISTING RIGHT-OF-WAY. The commission
10-3 <board> shall, to the greatest extent practicable, make use of
10-4 available existing highway or rail right-of-way for a high-speed
10-5 rail facility.
10-6 SECTION 8. Subsection (b), Section 18, Texas High-Speed Rail
10-7 Act (Article 6674v.2, Revised Statutes), is amended to read as
10-8 follows:
10-9 (b) The board shall:
10-10 (1) determine the fiscal year of the authority;
10-11 (2) establish an accounting system for the authority;
10-12 (3) have audits prepared of authority affairs by the
10-13 state auditor or by an independent certified public accountant, as
10-14 determined to be necessary by the state auditor; and
10-15 (4) <designate one or more banks to serve as a
10-16 depository for authority funds; and>
10-17 <(5)> deposit all money received by the authority to
10-18 the credit of a special fund in the state treasury to be known as
10-19 the Texas high-speed rail fund <in a depository bank unless
10-20 otherwise required by an order authorizing the issuance of
10-21 authority bonds>.
10-22 SECTION 9. Effective September 1, 1995, Subsection (b),
10-23 Section 18, Texas High-Speed Rail Act (Article 6674v.2, Revised
10-24 Statutes), as amended by Section 4.09, Chapter 7, Acts of the 72nd
10-25 Legislature, 1st Called Session, 1991, is amended to read as
10-26 follows:
10-27 (b) The commission shall:
11-1 (1) have audits prepared of authority affairs by the
11-2 state auditor or by an independent certified public accountant, as
11-3 determined to be necessary by the state auditor; and
11-4 (2) <designate one or more banks to serve as a
11-5 depository for authority funds; and>
11-6 <(3)> deposit all money received by the authority to
11-7 the credit of a special fund in the state treasury to be known as
11-8 the Texas high-speed rail fund <in a depository bank unless
11-9 otherwise required by an order authorizing the issuance of
11-10 authority bonds>.
11-11 SECTION 10. Subsection (a), Section 19, Texas High-Speed
11-12 Rail Act (Article 6674v.2, Revised Statutes), is amended to read as
11-13 follows:
11-14 (a) Before the beginning of each fiscal year and before the
11-15 authority conducts business for that fiscal year, the board shall,
11-16 after a public hearing, adopt an annual budget that specifies the
11-17 major expenditures of the authority by type and amount.
11-18 SECTION 11. Effective September 1, 1995, Subsection (a),
11-19 Section 19, Texas High-Speed Rail Act (Article 6674v.2, Revised
11-20 Statutes), as amended by Section 4.10, Chapter 7, Acts of the 72nd
11-21 Legislature, 1st Called Session, 1991, is amended to read as
11-22 follows:
11-23 (a) Before the beginning of each fiscal year and before the
11-24 authority conducts business for that fiscal year, the commission
11-25 shall, after a public hearing, adopt an annual budget that
11-26 specifies the major expenditures of the authority by type and
11-27 amount.
12-1 SECTION 12. Section 24, Texas High-Speed Rail Act (Article
12-2 6674v.2, Revised Statutes), is amended by adding Subsection (l) to
12-3 read as follows:
12-4 (l) Not later than December 31, 1993, an entity holding a
12-5 franchise under this Act on September 1, 1993, shall provide to the
12-6 authority a map of the preferred route on which the entity intends
12-7 to operate its high-speed rail facility. The actual route of the
12-8 high-speed rail facility may differ from the preferred route
12-9 because of environmental impacts, safety considerations, technology
12-10 requirements, economic consequences, or other factors that are
12-11 unforeseeable by the franchisee at the time it submits the map of
12-12 the preferred route. If a franchise is awarded under this Act
12-13 after September 1, 1993, the authority shall require the franchisee
12-14 to submit a map of its preferred route within a reasonable time
12-15 after the award of the franchise. A franchisee is obligated to
12-16 construct and operate a high-speed rail facility along a preferred
12-17 route submitted under this subsection except as provided by this
12-18 subsection.
12-19 SECTION 13. The following provisions of the Texas High-Speed
12-20 Rail Act (Article 6674v.2, Revised Statutes) are repealed:
12-21 (1) Subsection (c), Section 18;
12-22 (2) Subsection (d), Section 18;
12-23 (3) Subsection (d), Section 18, as amended by Section
12-24 4.09, Chapter 7, Acts of the 72nd Legislature, 1st Called Session,
12-25 1991; and
12-26 (4) Section 20.
12-27 SECTION 14. The change in law made by Section 3 of this Act
13-1 does not affect the transfer of the duties of the Texas High-Speed
13-2 Rail Authority to the Railroad Commission of Texas and the
13-3 abolition of the board of directors as provided by Section 4.14,
13-4 Chapter 7, Acts of the 72nd Legislature, 1st Called Session, 1991.
13-5 SECTION 15. (a) Except as provided by Subsection (b) of
13-6 this section, this Act takes effect September 1, 1993.
13-7 (b) Sections 5, 7, 9, and 11 of this Act take effect
13-8 September 1, 1995.
13-9 SECTION 16. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended.