By: Turner S.B. No. 787
73R5814 DRH-D
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. Notwithstanding the September 1, 1995, effective
1-6 date contained in Section 4.21(b), Chapter 7, Acts of the 72nd
1-7 Legislature, 1st Called Session, 1991, Sections 4.01, 4.02, 4.03,
1-8 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14,
1-9 and 4.20, Chapter 7, Acts of the 72nd Legislature, 1st Called
1-10 Session, 1991, relating to the assumption of the powers of the
1-11 Texas High-Speed Rail Authority by the Railroad Commission of
1-12 Texas, take effect on the effective date of this Act.
1-13 SECTION 2. Section 1.02(2), State Purchasing and General
1-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-15 amended to read as follows:
1-16 (2) "State agency" means:
1-17 (A) any department, commission, board, office,
1-18 or other agency in the executive branch of state government created
1-19 by the constitution or a statute of this state<, except the Texas
1-20 High-Speed Rail Authority>;
1-21 (B) the Supreme Court of Texas, the Court of
1-22 Criminal Appeals of Texas, a court of civil appeals, or the Texas
1-23 Civil Judicial Council; or
1-24 (C) a university system or an institution of
2-1 higher education as defined in Section 61.003, Texas Education
2-2 Code, as amended, other than a public junior college.
2-3 SECTION 3. Article 1, State Purchasing and General Services
2-4 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
2-5 adding Section 1.05 to read as follows:
2-6 Sec. 1.05. AWARD OF FRANCHISE BY TEXAS HIGH-SPEED RAIL
2-7 AUTHORITY. The award of a franchise by the Texas High-Speed Rail
2-8 Authority under the Texas High-Speed Rail Act (Article 6674v.2,
2-9 Vernon's Texas Civil Statutes) is exempt from the provisions of
2-10 this Act.
2-11 SECTION 4. Section 6(b), Texas High-Speed Rail Act (Article
2-12 6674v.2, Vernon's Texas Civil Statutes), as amended by Section
2-13 4.02, Chapter 7, Acts of the 72nd Legislature, 1st Called Session,
2-14 1991, is amended to read as follows:
2-15 (b) The Railroad Commission of Texas may:
2-16 (1) accept donations, contributions, grants, or gifts
2-17 from any source for any purpose; however, legislative
2-18 appropriations or other state funds may be used only for planning
2-19 but not for financing, acquisition, construction, maintenance, or
2-20 operation of the high-speed rail facility;
2-21 (2) acquire by contract purchase, grant, purchase,
2-22 gift, devise, lease, or contribution from any source and hold, use,
2-23 sell, lease, or dispose of any property, including property of a
2-24 franchisee;
2-25 (3) grant a franchise for the financing, construction,
2-26 improvement, use, or operation of all or part of a high-speed rail
2-27 facility in incorporated and unincorporated areas of the state;
3-1 (4) use, close, relocate, raise, reroute, impact,
3-2 change the grade of, or alter the construction of a street, alley,
3-3 highway, or road with the approval of the Texas Department of
3-4 Transportation and may also close, relocate, change the grade of,
3-5 or alter the construction of a railroad, electric line, electric
3-6 facility, telegraph and telephone property or facility, pipeline,
3-7 pipeline facility, or other property, whether publicly or privately
3-8 owned, as necessary or useful in the construction, reconstruction,
3-9 repair, maintenance, or operation of a high-speed rail facility, at
3-10 the expense of the authority which in all cases must be reimbursed
3-11 by the franchisee or others pursuant to this Act;
3-12 (5) regulate outdoor advertising, signs, junkyards,
3-13 and automobile graveyards located adjacent to a right-of-way of the
3-14 authority in the same manner that the Texas Transportation
3-15 Commission regulates such uses and conditions along the main
3-16 traveled way of the interstate or primary highway systems under
3-17 Article V, Section 1, Chapter 741, Acts of the 67th Legislature,
3-18 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
3-19 Statutes);
3-20 (6) employ and remove any person, firm, partnership,
3-21 or corporation considered necessary by the board for the conduct of
3-22 the affairs of the authority, including a general manager,
3-23 bookkeepers, auditors, engineers, attorneys, financial advisors,
3-24 and advisors;
3-25 (7) receive services from the state, the Texas
3-26 Department of Commerce, the Texas Department of Transportation,
3-27 other state agencies having statewide jurisdiction, or any county,
4-1 municipal corporation, or other political subdivision of the state
4-2 for the acquisition of a high-speed rail facility;
4-3 (8) adopt and implement rules and management policies
4-4 <including those for the investment of public funds> necessary to
4-5 implement this Act;
4-6 (9) exercise the power of eminent domain provided the
4-7 cost thereof is paid by the franchisee; and
4-8 (10) in performing its duties under this Act, contract
4-9 or cooperate with any person, corporation, or entity.
4-10 SECTION 5. Part I, Texas High-Speed Rail Act (Article
4-11 6674v.2, Vernon's Texas Civil Statutes), is amended by adding
4-12 Sections 6B and 6C to read as follows:
4-13 Sec. 6B. OUTSIDE COUNSEL FOR LEGAL SERVICES. (a) In
4-14 performing its duties under this Act, the commission may not enter
4-15 a contract for legal services with an attorney, other than a
4-16 full-time employee of the agency, without the approval of the
4-17 attorney general. If the attorney general denies approval of a
4-18 contract under this subsection, the attorney general shall provide
4-19 the commission with legal services to administer this Act as the
4-20 attorney general determines appropriate.
4-21 (b) For purposes of this section, the functions of a hearing
4-22 examiner, administrative law judge, or other quasi-judicial officer
4-23 are not considered legal services.
4-24 Sec. 6C. USE OF EXISTING RIGHT-OF-WAY. The board shall, to
4-25 the greatest extent practicable, make use of available existing
4-26 highway or rail right-of-way for a high-speed rail facility.
4-27 SECTION 6. Section 18(b), Texas High-Speed Rail Act (Article
5-1 6674v.2, Vernon's Texas Civil Statutes), as amended by Section
5-2 4.09, Chapter 7, Acts of the 72nd Legislature, 1st Called Session,
5-3 1991, is amended to read as follows:
5-4 (b) The commission shall:
5-5 (1) have audits prepared of authority affairs by the
5-6 state auditor or by an independent certified public accountant, as
5-7 determined to be necessary by the state auditor; and
5-8 (2) <designate one or more banks to serve as a
5-9 depository for authority funds; and>
5-10 <(3)> deposit all money received by the authority to
5-11 the credit of a special fund in the state treasury to be known as
5-12 the Texas high-speed rail fund <in a depository bank unless
5-13 otherwise required by an order authorizing the issuance of
5-14 authority bonds>.
5-15 SECTION 7. Section 19(a), Texas High-Speed Rail Act (Article
5-16 6674v.2, Vernon's Texas Civil Statutes), as amended by Section
5-17 4.10, Chapter 7, Acts of the 72nd Legislature, 1st Called Session,
5-18 1991, is amended to read as follows:
5-19 (a) Before the beginning of each fiscal year and before the
5-20 authority conducts business for that fiscal year, the commission
5-21 shall, after a public hearing, adopt an annual budget that
5-22 specifies the major expenditures of the authority by type and
5-23 amount.
5-24 SECTION 8. Section 24, Texas High-Speed Rail Act (Article
5-25 6674v.2, Vernon's Texas Civil Statutes), is amended by adding
5-26 Subsection (l) to read as follows:
5-27 (l) Not later than December 31, 1993, an entity holding a
6-1 franchise under this Act on September 1, 1993, shall provide to the
6-2 authority a map of the preferred route on which the entity intends
6-3 to operate its high-speed rail facility. The actual route of the
6-4 high-speed rail facility may differ from the preferred route
6-5 because of environmental impacts, safety considerations, technology
6-6 requirements, economic consequences, or other factors that are
6-7 unforeseeable by the franchisee at the time it submits the map of
6-8 the preferred route. If a franchise is awarded under this Act
6-9 after September 1, 1993, the authority shall require the franchisee
6-10 to submit a map of its preferred route within a reasonable time
6-11 after the award of the franchise. A franchisee is obligated to
6-12 construct and operate a high-speed rail facility along a preferred
6-13 route submitted under this subsection except as provided by this
6-14 subsection.
6-15 SECTION 9. The following provisions of the Texas High-Speed
6-16 Rail Act (Article 6674v.2, Vernon's Texas Civil Statutes) are
6-17 repealed:
6-18 (1) Section 18(c);
6-19 (2) Section 18(d);
6-20 (3) Section 18(d), as amended by Section 4.09, Chapter
6-21 7, Acts of the 72nd Legislature, 1st Called Session, 1991; and
6-22 (4) Section 20.
6-23 SECTION 10. This Act takes effect September 1, 1993.
6-24 SECTION 11. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.