By Turner, et al. S.B. No. 787
Substitute the following for S.B. No. 787:
By Munoz C.S.S.B. No. 787
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas High-Speed Rail
1-3 Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.02(2), State Purchasing and General
1-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 (2) "State agency" means:
1-9 (A) any department, commission, board, office,
1-10 or other agency in the executive branch of state government created
1-11 by the constitution or a statute of this state<, except the Texas
1-12 High-Speed Rail Authority>;
1-13 (B) the Supreme Court of Texas, the Court of
1-14 Criminal Appeals of Texas, a court of civil appeals, or the Texas
1-15 Civil Judicial Council; or
1-16 (C) a university system or an institution of
1-17 higher education as defined in Section 61.003, Texas Education
1-18 Code, as amended, other than a public junior college.
1-19 SECTION 2. Article 1, State Purchasing and General Services
1-20 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-21 adding Section 1.05 to read as follows:
1-22 Sec. 1.05. AWARD OF FRANCHISE BY TEXAS HIGH-SPEED RAIL
1-23 AUTHORITY. The award of a franchise by the Texas High-Speed Rail
1-24 Authority under the Texas High-Speed Rail Act (Article 6674v.2,
2-1 Revised Statutes) and its subsequent amendments is exempt from the
2-2 provisions of this Act.
2-3 SECTION 3. Section 4(a), Texas High-Speed Rail Act (Article
2-4 6674v.2, Revised Statutes), is amended to read as follows:
2-5 (a)(1) The authority is administered by a board of directors
2-6 composed of six <11> directors who shall occupy respective places
2-7 on the board to be designated 1, 2, 3, 4, 5, and 6. <7, 8, 9, 10,
2-8 and 11.>
2-9 (2) Place 1 shall be occupied by the <chairman>
2-10 Commissioner of <the State Highway and Public Transportation
2-11 Commission> Transportation of the Transportation Commission or <the
2-12 chairman of the State Board of Transportation, whichever is
2-13 applicable> a member of the Texas Transportation Commission
2-14 designated by the Commissioner of Transportion. This ex officio
2-15 position is not a separate and distinct office but an additional
2-16 duty imposed upon the <chairman of the State Highway and Public
2-17 Transportation Commission or State Board of Transportation>
2-18 Commissioner of Transportion or such designee..
2-19 (3) Place 2 shall be occupied by the <chairman of the
2-20 Texas Turnpike Authority. This ex officio position is not a
2-21 separate and distinct office but an additional duty imposed on the
2-22 chairman of the Texas Turnpike Authority.>
2-23 <(4) Place 3 shall be occupied initially by the person
2-24 who is the chairman of the board of directors or executive
2-25 committee, as applicable, on June 16, 1989, of a metropolitan
2-26 transit authority organized under the provisions of Chapter 141,
2-27 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
3-1 Vernon's Texas Civil Statutes), containing a principal city with a
3-2 population of 1.5 million or more according to the last preceding
3-3 federal census. The person initially occupying Place 3 shall serve
3-4 until June 1, 1993. Thereafter, or in the event of a vacancy,
3-5 Place 3 shall be occupied by a person who is or has been a member
3-6 of such board or committee and who is appointed by the governor
3-7 with the advice and consent of the senate.>
3-8 <(5) Place 4 shall be occupied initially by the person
3-9 who is chairman of the board of directors or executive committee,
3-10 as applicable, on June 16, 1989, of a regional transportation
3-11 authority organized under the provisions of Chapter 683, Acts of
3-12 the 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
3-13 Statutes), that contains a subregion with a principal city having a
3-14 population of 800,000 or more according to the last preceding
3-15 federal census. The person initially occupying Place 4 in any case
3-16 shall serve until the end of his term as a director of the
3-17 authority as provided in Section 2 of this Act as originally
3-18 enacted. Thereafter, or in the event of a vacancy, Place 4 shall
3-19 be occupied by a person who is or has been a member of such board
3-20 or committee and who is appointed by the governor with the advice
3-21 and consent of the senate.>
3-22 <(6) Place 5 shall be occupied by a person who is or
3-23 has been a member of the executive committee, a subregional board
3-24 of directors, or the board of directors of a regional
3-25 transportation authority organized under the provisions of Chapter
3-26 683, Acts of the 66th Legislature, 1979 (Article 1118y, Vernon's
3-27 Texas Civil Statutes), that contains a subregion with a principal
4-1 city having a population of less than 800,000 according to the last
4-2 preceding federal census and who is appointed by the governor with
4-3 the advice and consent of the senate.>
4-4 <(7) Place 6 shall be occupied by the> member of the
4-5 Railroad Commission of Texas whose term expires in <1992> 1998 and
4-6 the successor to that office. This ex officio position is not a
4-7 separate and distinct office but an additional duty imposed on the
4-8 office of railroad commissioner.
4-9 (4) Place 3 <(8) Places 7, 8, and 9 shall be occupied
4-10 by persons appointed by the governor with the advice and consent of
4-11 the senate.>
4-12 <(9) Place 10> shall be occupied by the member of the
4-13 Railroad Commission of Texas whose term of office expires in 1994
4-14 and the successor to that office. This ex officio position is not
4-15 a separate and distinct office but an additional duty imposed on
4-16 the office of railroad commissioner.
4-17 (5) Place 4 <(10) Place 11> shall be occupied by the
4-18 member of the Railroad Commission of Texas whose term of office
4-19 expires in 1996. This ex officio position is not a separate and
4-20 distinct office but an additional duty imposed on the office of
4-21 railroad commissioner.
4-22 (6) Places 5 and 6 shall be occupied by persons
4-23 appointed by the governor, pursuant to this Act, with the advise
4-24 and consent of the senate.
4-25 SECTION 4. Section 6(b), Texas High-Speed Rail Act (Article
4-26 6674v.2, Revised Statutes), is amended to read as 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> Department of Transportation <Commission> regulates such
6-2 uses and conditions along the main traveled way of the interstate
6-3 or primary highway systems under Article IV, Section 1, Chapter
6-4 741, Acts of the 67th Legislature, Regular Session, 1981 (Article
6-5 4477-9a, 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, Section 6(b), Texas
6-26 High-Speed Rail Act (Article 6674v.2, Revised Statutes), as amended
6-27 by Section 4.02, Chapter 7, Acts of the 72nd Legislature, 1st
7-1 Called Session, 1991, is amended to read as follows:
7-2 (b) The Railroad Commission of Texas may:
7-3 (1) accept donations, contributions, grants, or gifts
7-4 from any source for any purpose; however, legislative
7-5 appropriations or other state funds may be used only for planning
7-6 but not for financing, acquisition, construction, maintenance, or
7-7 operation of the high-speed rail facility;
7-8 (2) acquire by contract purchase, grant, purchase,
7-9 gift, devise, lease, or contribution from any source and hold, use,
7-10 sell, lease, or dispose of any property, including property of a
7-11 franchisee;
7-12 (3) grant a franchise for the financing, construction,
7-13 improvement, use, or operation of all or part of a high-speed rail
7-14 facility in incorporated and unincorporated areas of the state;
7-15 (4) use, close, relocate, raise, reroute, impact,
7-16 change the grade of, or alter the construction of a street, alley,
7-17 highway, or road with the approval of the Texas Department of
7-18 Transportation and may also close, relocate, change the grade of,
7-19 or alter the construction of a railroad, electric line, electric
7-20 facility, telegraph and telephone property or facility, pipeline,
7-21 pipeline facility, or other property, whether publicly or privately
7-22 owned, as necessary or useful in the construction, reconstruction,
7-23 repair, maintenance, or operation of a high-speed facility, at the
7-24 expense of the authority which in all cases must be reimbursed by
7-25 the franchisee or others pursuant to this Act;
7-26 (5) regulate outdoor advertising, signs, junkyards,
7-27 and automobile graveyards located adjacent to a right-of-way of the
8-1 authority in the same manner that the Texas Department of
8-2 Transportation <Commission> regulates such uses and conditions
8-3 along the main traveled way of the interstate or primary highway
8-4 system under Article V, Section 1, Chapter 741, Acts of the 67th
8-5 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
8-6 Civil Statutes);
8-7 (6) employ and remove any person, firm, partnership,
8-8 or corporation considered necessary by the board for the conduct of
8-9 the affairs of the authority, including a general manager,
8-10 bookkeepers, auditors, engineers, attorneys, financial advisors,
8-11 and advisors;
8-12 (7) receive services from the state, the Texas
8-13 Department of Commerce, the Texas Department of Transportation,
8-14 other state agencies having statewide jurisdiction, or any county,
8-15 municipal corporation, or other political subdivision of the state
8-16 for the acquisition of a high-speed rail facility;
8-17 (8) adopt and implement rules and management policies
8-18 <including those for the investment of public funds> necessary to
8-19 implement this Act;
8-20 (9) exercise the power of eminent domain provided the
8-21 cost thereof is paid by the franchisee; and
8-22 (10) in performing its duties under this Act, contract
8-23 or cooperate with any person, corporation, or entity.
8-24 SECTION 6. Part I, Texas High-Speed Rail Act (Article
8-25 6674v.2, Revised Statutes), is amended by adding Sections 6B and 6C
8-26 to read as follows:
8-27 Sec. 6B. OUTSIDE COUNSEL FOR LEGAL SERVICES. (a) In
9-1 performing its duties under this Act, the board may not enter a
9-2 contract for legal services with an attorney, other than a
9-3 full-time employee of the Authority or another state agency,
9-4 without the approval of the attorney general. If the attorney
9-5 general denies approval of a contract under this subsection, the
9-6 attorney general shall provide the board with legal services to
9-7 administer this Act as the attorney general determines appropriate.
9-8 (b) For purposes of this section, the functions of a hearing
9-9 examiner, administrative law judge, or other quasi-judicial officer
9-10 are not considered legal services.
9-11 Sec. 6C. The Authority shall make an effort to cause any
9-12 high-speed rail facility's route or right-of-way to be constructed
9-13 by utilizing to the extent reasonably possible, existing highway,
9-14 rail or other existing right-of-ways consistent with reasonable
9-15 safety, environmental, technology and economic feasibility
9-16 considerations.
9-17 SECTION 7. Effective September 1, 1995, Part I, Texas
9-18 High-Speed Rail Act (Article 6674v.2, Revised Statutes), is amended
9-19 by adding Sections 6B and 6C to read as follows:
9-20 Sec. 6B. OUTSIDE COUNSEL FOR LEGAL SERVICES. (a) In
9-21 performing its duties under this Act, the commission may not enter
9-22 a contract for legal services with an attorney, other than a
9-23 full-time employee of the Authority, Commission, or other state
9-24 agency, without the approval of the attorney general. If the
9-25 attorney general denies approval of a contract under this
9-26 subsection, the attorney general shall provide the commission with
9-27 the legal services to administer this Act as the attorney general
10-1 determines appropriate.
10-2 (b) For purposes of this section, the functions of a hearing
10-3 examiner, administrative law judge, or other quasi-judicial officer
10-4 are not considered legal services.
10-5 Sec. 6C. The Authority shall make an effort to cause any
10-6 high-speed rail facility's route or right-of-way to be constructed
10-7 by utilizing to the extent reasonably possible, existing highway,
10-8 rail or other existing right-of-ways consistent with reasonable
10-9 safety, environmental, technology and economic feasibility
10-10 considerations.
10-11 SECTION 8. Section 18(b), Texas High-Speed Rail Act (Article
10-12 6674v.2, Revised Statutes), is amended to read as follows:
10-13 (b) The board shall:
10-14 (1) determine the fiscal year of the authority;
10-15 (2) establish an accounting system for the authority;
10-16 (3) have audits prepared of authority affairs by the
10-17 state auditor or by an independent certified public accountant, as
10-18 determined to be necessary by the state auditor; and
10-19 (4) <designate one or more banks to serve as a
10-20 depository for authority funds; and>
10-21 <(5)> deposit all money received by the authority to
10-22 the credit of a special fund in the state treasury to be known as
10-23 the Texas high-speed rail fund <in a depository bank unless
10-24 otherwise required by an order authorizing the issuance of
10-25 authority bonds> unless otherwise required in a franchise
10-26 agreement.
10-27 SECTION 9. Effective September 1, 1995, Section 18(b), Texas
11-1 High-Speed Rail Act (Article 6674v.2, Revised Statutes), as amended
11-2 by Section 4.09, Chapter 7, Acts of the 72nd Legislature, 1st
11-3 Called Session, 1991, is amended to read as follows:
11-4 (b) The commission shall:
11-5 (1) have audits prepared of authority affairs by the
11-6 state auditor or by an independent certified public accountant, as
11-7 determined to be necessary by the state auditor; and
11-8 (2) <designate one or more banks to serve as a
11-9 depository for authority funds; and>
11-10 <(3)> deposit all money received by the authority to
11-11 the credit of a special fund in the state treasury to be known as
11-12 the Texas high-speed rail fund <in a depository bank unless
11-13 otherwise required by an order authorizing the issuance of
11-14 authority bonds> unless otherwise required in a franchise
11-15 agreement.
11-16 SECTION 10. Section 19(a), Texas High-Speed Rail Act
11-17 (Article 6674v.2, Revised Statutes), is amended to read as follows:
11-18 (a) Before the beginning of each fiscal year and before the
11-19 authority conducts business for that fiscal year, the board shall,
11-20 after a public hearing, adopt an annual budget that specifies the
11-21 major expenditures of the authority by type and amount.
11-22 SECTION 11. Effective September 1, 1995, Section 19(a),
11-23 Texas High-Speed Rail Act (Article 6674v.2, Revised Statutes), as
11-24 amended by Section 4.10, Chapter 7, Acts of the 72nd Legislature,
11-25 1st Called Session, 1991, is amended to read as follows:
11-26 (a) Before the beginning of each fiscal year and before the
11-27 authority conducts business for that fiscal year, the commission
12-1 shall, after a public hearing, adopt an annual budget that
12-2 specifies the major expenditures of the authority by type and
12-3 amount.
12-4 SECTION 12. Section 24, Texas High-Speed Rail Act (Article
12-5 6674v.2, Revised Statutes), is amended by adding Subsection (l) and
12-6 (m) to read as follows:
12-7 (l) The Authority shall require on or before December 31,
12-8 1993, that any person or entity which holds a franchise to finance,
12-9 construct, operate and maintain a high-speed rail facility on the
12-10 date of this act or within a reasonable time after the granting of
12-11 any future franchise to furnish to the Authority its preferred
12-12 right-of-way or route upon which it proposes to construct its
12-13 trackwork and operate its high-speed rail facility. Such preferred
12-14 right-of-way or route as furnished to the Authority shall be the
12-15 right-of-way or route, or within a reasonable corridor along such
12-16 route. However, such right-of-way or route shall be subject to
12-17 change by the Franchisee to avoid or accommodate environmental
12-18 impacts, minimizing of adverse impacts, safety considerations,
12-19 technology requirements, economic consideration and other
12-20 unforeseen or unanticipated circumstances.
12-21 (m) On or before October 31, 1993, the Texas Department of
12-22 Transportation shall prepare and deliver to the Texas High-Speed
12-23 Rail Authority Board of Directors a study of existing or abandoned
12-24 railroad right-of-way available for reasonable conversion for the
12-25 exclusive use of a high-speed rail facility.
12-26 SECTION 13. SECTION 4, Part II, Section 24(e), Texas
12-27 High-Speed Rail Act (Article 6674v.2, Vernon's Texas Civil
13-1 Statutes), is amended to read as follows:
13-2 (e) The Franchise Agreement shall include terms to protect
13-3 the interest of the Authority and to ensure that the Franchisee
13-4 constructs, operates, and maintains the high-speed rail facility in
13-5 accordance with the Franchise Agreement and that the Franchisee
13-6 reimburse the Authority as provided in this Act. The Franchise
13-7 Agreement may include
13-8 (1) a schedule for securing all necessary funding.
13-9 (2) a schedule for <the completion of any> engineering
13-10 or financial planning, economic analysis, environmental analysis,
13-11 or related preconstruction tasks.
13-12 (3) a schedule for securing <all> required permits,
13-13 approvals, variances, or exceptions; and
13-14 he board (4) a schedule within which the Franchisee must
13-15 <commence> start construction<. that may not be more than six
13-16 years after the date of the award of the franchise>.
13-17 SECTION 14. Section 4.14(a), Chapter 7, Acts of the 72nd
13-18 Legislature, 1st Called Session, 1991, is amended to read as
13-19 follows:
13-20 (a) The Texas High-Speed Rail Authority, consistent with
13-21 amendments to Sec. 3, Texas High-Speed Rail Act (Article 6674v.2,
13-22 Revised Statutes, 72nd Legislature, 1st Called Session, 1991) is to
13-23 be administered by a board of directors which shall be the Railroad
13-24 Commissioners of Texas. <and> <t>The former board of directors of
13-25 the authority <are> is abolished. All powers, duties, obligations,
13-26 and rights of action of <that> the authority or board are
13-27 transferred to the Railroad Commissioners of Texas, acting as the
14-1 governing body of the authority and the board of directors of the
14-2 authority, on the effective date of this section. Any references
14-3 in the law to the Texas High-Speed Rail Authority means the
14-4 High-Speed Rail Authority <function of the Railroad Commission of
14-5 Texas> as governed by its board of directors the Railroad
14-6 Commissioners of Texas. Any reference in the law to Commission,
14-7 Texas Railroad Commission or Authority means the three members of
14-8 the Texas Railroad Commission acting under the authority of the
14-9 Texas High-Speed Rail Act as a separate and distinct body other
14-10 than the Texas Railroad Commission.
14-11 SECTION 15. Section 4.20, Chapter 7, Acts of the 72nd
14-12 Legislature, 1st Called Session, 1991 is amended to read as
14-13 follows:
14-14 Section 4.20, Section 8, <10> and 11, <and subsection (b),
14-15 Section 14,> Texas High-Speed Rail Act (Article 6674v.2, Revised
14-16 Statutes) are repealed.
14-17 SECTION 16. Notwithstanding any law to the contrary, all
14-18 funds received, maintained or collected by the Texas High-Speed
14-19 Rail Authority, pursuant to the Texas High-Speed Rail Act or a
14-20 high-speed rail franchise, which are in or subsequently deposited
14-21 in the State Treasury or in local accounts may be expended by the
14-22 Authority for the purpose of implementing a high-speed rail
14-23 facility. However, the Authority may not expend any amount out of
14-24 the General Revenue fund except as provided in Senate Bill No. 222,
14-25 71st Legislature, 1989.
14-26 SECTION 17. As soon as possible on or after the effective
14-27 date of the applicable portion of this Act, the Governor shall
15-1 appoint the two new members to occupy Places 5 and 6 of the Board
15-2 of Directors of the Texas High-Speed Rail Authority. In making the
15-3 appointments, the Governor shall not appoint anyone who is not a
15-4 board member prior to the effective date of this Act. The Governor
15-5 shall give preference in such appointments to the two non ex
15-6 officio members of such board serving prior to the effective date
15-7 of this act whose terms would expire on June 1, 1997 except for the
15-8 abolition of the authority as provided by Section 4.14, Chapter 7,
15-9 Acts of the 72nd Legislature, 1st Called Session 1991. The members
15-10 appointed by the Governor under this act and the ex officio members
15-11 of the board may not perform the functions of the board until the
15-12 day after the date the two new non-ex officio members are qualified
15-13 and officially take office. Until the date the new members of the
15-14 Texas High-Speed Rail Authority begin performing the functions of
15-15 the board under this Act, the members serving on the board
15-16 immediately before the effective date of this Act shall continue to
15-17 carry out the functions of the board. On the date the new members
15-18 may begin performing the functions of the board, the offices of the
15-19 members serving immediately before such date are abolished.
15-20 SECTION 18. With respect to the amendment enacted in this
15-21 act in Section 12, the Legislature finds that:
15-22 (1) The Texas High-Speed Rail Authority has duly granted a
15-23 franchise for the financing, construction, operation and
15-24 maintenance of a high-speed rail facility, by Order of May 28,
15-25 1991.
15-26 (2) That the Texas High-Speed Rail Authority and the Federal
15-27 Railroad Administration have executed a Memorandum of Understanding
16-1 regarding the preparation of an Environmental Impact Statement
16-2 (EIS) for such project.
16-3 (3) The purpose of such EIS is, after a full and fair
16-4 discussion of significant environmental impacts, to inform the
16-5 public and decision makers of reasonable alternatives to avoid or
16-6 minimize adverse impacts.
16-7 (4) During the EIS process, there have been consideration
16-8 and discussion of various alternative routes in addition to the
16-9 route proposed prior to the May 28, 1991 Order of the Authority.
16-10 (5) These discussions of alternative routes in the EIS
16-11 process have introduced certain uncertainty as to the location of
16-12 the right-of-way or route of the franchisee's high-speed rail
16-13 facility authorized in its May 28, 1991 order and has caused some
16-14 concern that certain land along one or more of these alternative
16-15 corridors may or may not be affected by such high-speed rail
16-16 facility.
16-17 (6) There should be as minimal uncertainty as possible as to
16-18 the future route of the above high-speed rail facility as possible.
16-19 (7) The filing of a designation by the franchisee authorized
16-20 in the authority's prior order of a preferred right-of-way or route
16-21 would help eliminate undue confusion and concern.
16-22 (8) Such preferred right-of-way corridor of a reasonable
16-23 width should represent the right-of-way or route to be utilized in
16-24 such project subject to modifications by the franchisee prior to
16-25 construction to avoid or accommodate environmental impacts,
16-26 minimizing of adverse impacts, safety considerations, technology
16-27 requirements, and economic considerations.
17-1 SECTION 19. The following provisions of the Texas High-Speed
17-2 Rail Act (Article 6674v.2, Revised Statutes) are repealed:
17-3 (1) Section 18(c);
17-4 (2) Section 18(d);
17-5 (3) Section 18(d), as amended by Section 4.09, Chapter
17-6 7, Acts of the 72nd Legislature, 1st Called Session, 1991; and
17-7 (4) Section 20.
17-8 SECTION 20. The change in law made by Section 3 of this Act
17-9 does not affect the transfer of the duties of the Texas High-Speed
17-10 Rail Authority and Board of Directors to the Railroad Commissioners
17-11 of Texas and the abolition of the board of directors as provided by
17-12 Section 4.14, Chapter 7, Acts of the 72nd Legislature, 1st Called
17-13 Session, 1991.
17-14 SECTION 21. (a) Except as provided by Subsection (b) of
17-15 this section, this Act takes effect September 1, 1993.
17-16 (b) Sections 5, 7, 9, and 11 of this Act take effect
17-17 September 1, 1995.
17-18 SECTION 22. The importance of this legislation and the
17-19 crowded condition of the calendars in both houses create an
17-20 emergency and an imperative public necessity that the
17-21 constitutional rule requiring bills to be read on three several
17-22 days in each house be suspended, and this rule is hereby suspended.