By: Sims S.B. No. 968
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, re-creation, administration, powers and
1-2 duties including the power to issue bonds and the power of eminent
1-3 domain, validation, and dissolution of rural rail transportation
1-4 districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 623, Acts of the 67th Legislature,
1-7 Regular Session, 1981 (Article 6550c, Vernon's Texas Civil
1-8 Statutes), is amended by amending Sections 1 through 6 and adding
1-9 Section 6A to read as follows:
1-10 Sec. 1. Findings. The legislature finds that:
1-11 (1) the state contains many rural areas that are
1-12 heavily dependent on agriculture for economic survival;
1-13 (2) transportation of agricultural and industrial
1-14 products is essential to the continued economic vitality of rural
1-15 areas;
1-16 (3) the rail transportation systems in some rural
1-17 areas are threatened by railroad bankruptcies and abandonment
1-18 proceedings that would cause the cessation of rail services to the
1-19 areas; <and>
1-20 (4) it is in the interest of all citizens of the state
1-21 that existing rail systems be maintained for the most efficient and
1-22 economical movement of essential agricultural products from the
1-23 areas of production to the local, national, and export markets;
1-24 (5) rural rail transportation districts are
2-1 appropriate political subdivisions to provide for the continued
2-2 operation of railroads, which are declared by Article X, Section 2,
2-3 of the Texas Constitution to be public highways;
2-4 (6) the creation, re-creation, financing, maintenance,
2-5 and operation of rural rail transportation districts and facilities
2-6 acquired by the districts under this Act will help develop,
2-7 maintain, and diversify the economy of the state, eliminate
2-8 unemployment or underemployment, foster the growth of enterprises
2-9 based on agriculture, and serve to develop and expand
2-10 transportation and commerce within the state under the authority
2-11 granted by Article III, Section 52-a, of the Texas Constitution;
2-12 and
2-13 (7) financing by rural rail transportation districts
2-14 for the purposes provided by this Act is a lawful and valid public
2-15 purpose.
2-16 Sec. 2. Definitions. In this Act:
2-17 (1) "Board" means the board of directors of a rural
2-18 rail transportation district <system>.
2-19 (2) "Bonds" means bonds; notes, including bond
2-20 anticipation notes, revenue anticipation notes, and grant
2-21 anticipation notes; warrants; certificates of obligation;
2-22 interest-bearing contracts; interest-bearing leases of property;
2-23 equipment trust certificates; commercial paper; and any obligation
2-24 issued to refund any type of bond.
2-25 (3) "Concurrent orders" means the orders adopted by
2-26 eligible counties that contain identical provisions regarding the
2-27 creation or re-creation of a district.
3-1 (4) "District" means a rural rail transportation
3-2 district created under this Act.
3-3 (5) "Earthworks and structures" includes the clearing
3-4 and grubbing of right-of-way; demolition of structures; relocation
3-5 of utilities, pipelines, and any other obstacles in right-of-way;
3-6 stripping and stockpiling; removal of subsoils for embankment or
3-7 spoil; borrow pits; dressing and seeding of slopes; construction of
3-8 culverts; road crossings; bridges; restoration of roadway; drainage
3-9 within a right-of-way or along road networks; and restoration of a
3-10 hydrologic system.
3-11 (6) "Eligible counties" means two or more counties
3-12 that meet the requirements of Sections 3(a) and (b) of this Act.
3-13 (7) "Operating contract" means a professional services
3-14 contract executed by a district and another person under which the
3-15 person agrees to provide:
3-16 (A) all or part of the rolling stock required
3-17 for operation as a common carrier over all or a part of the rail
3-18 facilities of the district; and
3-19 (B) all or part of the personnel required for
3-20 the operation of the rolling stock owned or leased by the district
3-21 or for the operation of the rail facilities of the district.
3-22 (8) "Maintenance and operating expenses" means all
3-23 expenses of operating and maintaining a district and its rail
3-24 facilities, including all compensation, labor, materials, repairs,
3-25 and extensions necessary, required, or convenient in the discretion
3-26 of the board to render efficient service or to maintain and operate
3-27 the district, and taxes or other amounts paid, payable, or to be
4-1 paid to the United States pursuant to Section 148(f) of the
4-2 Internal Revenue Code of 1986 (26 U.S.C. Section 148), or any
4-3 similar law.
4-4 (9) "Maintenance facility" includes a workshop, a
4-5 service, storage, security, or personnel facility, temporary or
4-6 transient lodging for district employees, and equipment for any
4-7 type of facility.
4-8 (10) "Person" has the meaning assigned by Section
4-9 311.005, Government Code.
4-10 (11) "Rail facilities" means any real, personal, or
4-11 mixed property, or any interest in that property that is determined
4-12 by the board to be necessary or convenient for the provision of a
4-13 rural rail transportation system and all property or interests
4-14 necessary or convenient for the acquiring, providing, constructing,
4-15 enlarging, remodeling, renovating, improving, furnishing, using, or
4-16 equipping of the system, including rights-of-way, earthworks and
4-17 structures, trackwork, train controls, stations, rolling stock, and
4-18 maintenance facilities.
4-19 (12) "Revenues" means all income, receipts, and
4-20 collections received by, to be received by, or pledged to the
4-21 district from or by any source, except a restricted gift or a grant
4-22 in aid of construction.
4-23 (13) "Right-of-way" means a right of passage over
4-24 property; a strip of land in length and width determined required,
4-25 necessary, or convenient by the board over, on, or under which
4-26 trackwork is or is to be constructed or acquired; or a right of
4-27 precedential passing.
5-1 (14) "Rolling stock" means locomotives, engines, rail
5-2 cars, repair construction cars, or other cars designed to operate
5-3 on trackwork.
5-4 (15) "Station" means a passenger or freight service
5-5 building, terminal, or station, ticketing facility, waiting area,
5-6 platform, concession, elevator, escalator, facility for handicapped
5-7 access, access road, parking facility for passengers, baggage
5-8 handling facility, local maintenance facility, and offices for
5-9 district purposes, together with any interest in real property
5-10 necessary or convenient for any of the listed items.
5-11 (16) "Trackwork" means track, track beds, track bed
5-12 preparation, ties, rail fasteners, slabs, rails, emergency
5-13 crossovers, setout tracks, storage track, and switches.
5-14 (17) "Train controls" includes signalling,
5-15 interlocking equipment, speed monitoring equipment, emergency
5-16 braking systems, central traffic control facilities, and
5-17 communication systems.
5-18 <(3) "System" means all real and personal property
5-19 held or used for rail transportation purposes, including land,
5-20 easements, rights-of-way, other interests in land, franchises,
5-21 stations, platforms, terminals, garages, shops, control houses,
5-22 other buildings and structures, rolling stock, tracks, signals,
5-23 other equipment, supplies, and other facilities necessary or
5-24 convenient for the use of or access to rail transportation.>
5-25 Sec. 3. CREATION, RE-CREATION, OR DISSOLUTION OF DISTRICT.
5-26 (a) The commissioners courts of two or more eligible counties
5-27 that, taken together, constitute a contiguous geographic area may
6-1 by order create or re-create a rural rail transportation district
6-2 consisting of the territory of the counties whose commissioners
6-3 courts adopt the order.
6-4 (b) <After approval by the board of directors of a district,
6-5 the commissioners court of an eligible county by order may include
6-6 the territory of that county in the district.>
6-7 <(c)> A county eligible to create or re-create <form or
6-8 join> a district is one in which is located a rail line that is in
6-9 the process of being or has been abandoned through a bankruptcy
6-10 court or Interstate Commerce Commission proceeding, or any line
6-11 carrying 3 million gross tons per mile per year or less.
6-12 (c) The commissioners courts of two or more eligible
6-13 counties that create a district or provide for the re-creation of a
6-14 district by the addition of one or more counties shall by
6-15 concurrent order at the time of creation or re-creation:
6-16 (1) declare the boundaries of the district as the
6-17 boundaries of the counties included;
6-18 (2) designate the name of the district; and
6-19 (3) designate the number of board members, which may
6-20 not be less than four, and the manner of their appointment.
6-21 (d) The commissioners courts of all counties included within
6-22 a district by order may provide for the dissolution of the district
6-23 if:
6-24 (1) the commissioners courts determine that the
6-25 dissolution will not impair an obligation of any contract of the
6-26 district; and
6-27 (2) the dissolution order will become effective only
7-1 on the creation or re-creation of another district in which each
7-2 county included within the dissolving district is included.
7-3 (e) A district created or re-created under this section
7-4 automatically assumes any obligation of a contract executed by the
7-5 district or a predecessor district and in force on the date of the
7-6 creation or re-creation unless the contract expressly expires on
7-7 the date of dissolution or re-creation of the district that
7-8 executed the contract.
7-9 Sec. 4. Board of Directors; Employees. (a) <Each
7-10 commissioners court that participates in the creation of or joins a
7-11 district shall appoint one person to be a member of the board of
7-12 directors of the district. Provided however, that if the district
7-13 shall be composed of three counties or less, then each
7-14 commissioners court shall appoint two directors to the board of
7-15 directors.> The board of directors is responsible for the
7-16 management, operation, and control of the district.
7-17 (b) To be eligible for appointment to the board, a person
7-18 must be a resident of the district. A board member serves for a
7-19 term of two years ending on the second anniversary of the latest
7-20 date a concurrent order was adopted creating or re-creating the
7-21 district. A vacancy on the board shall be filled for the remainder
7-22 of the term by the commissioners court that appointed the member
7-23 who vacated the position. A board member may be removed from
7-24 office for neglect of duty or malfeasance in office by the
7-25 commissioners court that appointed the member, after at least 10
7-26 days' written notice to the member and a hearing before the
7-27 commissioners court. At a hearing on the question of removal of a
8-1 board member, the board member is entitled to be heard in person or
8-2 through counsel.
8-3 (c) Members of the board shall select a president,
8-4 vice-president, treasurer, and secretary. The secretary is not
8-5 required to be a board member <their presiding officers>. The
8-6 board shall hold at least one regular meeting each month for the
8-7 purpose of transacting business of the district. The president
8-8 <presiding officer> may call special meetings of the board. A
8-9 majority of the members is a quorum.
8-10 (d) The board shall adopt rules for its proceedings and may
8-11 employ and compensate persons to carry out the powers and duties of
8-12 the district. The right to control and regulate the affairs of the
8-13 district is vested exclusively in the board except as specifically
8-14 otherwise provided by this Act.
8-15 (e) A board member or employee of a district may not be
8-16 pecuniarily interested, directly or indirectly, in any contract or
8-17 agreement to which the district is a party.
8-18 (f) Notice of a meeting of the board shall be posted at the
8-19 administrative office of the district and at the courthouse in the
8-20 county in which that office is located. In all other respects
8-21 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
8-22 (Article 6252-17, Vernon's Texas Civil Statutes), applies to
8-23 meetings of the board.
8-24 Sec. 5. POWERS AND DUTIES OF DISTRICT. (a) A rural rail
8-25 transportation district is a public body and a political
8-26 subdivision of the state exercising public and essential
8-27 governmental functions and having all the powers necessary or
9-1 convenient to carry out the purposes of this Act, including the
9-2 powers granted in this section. A district, in the exercise of
9-3 powers under this Act, is performing only governmental functions
9-4 and is a "governmental unit" within the meaning of Chapter 101,
9-5 Civil Practice and Remedies Code. A district is a "local
9-6 government" under Chapter 1084, Acts of the 70th Legislature,
9-7 Regular Session, 1987 (Article 715c, Vernon's Texas Civil
9-8 Statutes); an "issuer" under Chapter 503, Acts of the 54th
9-9 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
9-10 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
9-11 (Article 717k-3, Vernon's Texas Civil Statutes), the Bond
9-12 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
9-13 Statutes), Chapter 53, Acts of the 70th Legislature, 2nd Called
9-14 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes), and
9-15 Chapter 656, Acts of the 68th Legislature, Regular Session, 1983
9-16 (Article 717q, Vernon's Texas Civil Statutes); and a "public
9-17 agency" under Chapter 3, Acts of the 61st Legislature, Regular
9-18 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), and
9-19 Chapter 400, Acts of the 66th Legislature, 1979 (Article 717m-1,
9-20 Vernon's Texas Civil Statutes). The acquisition, improvement, or
9-21 repair of rail facilities by a district is an "eligible project"
9-22 under Chapter 656, Acts of the 68th Legislature, Regular Session,
9-23 1983 (Article 717q, Vernon's Texas Civil Statutes).
9-24 (b) A district has perpetual succession.
9-25 (c) A district may sue and be sued in all courts of
9-26 competent jurisdiction, may institute and prosecute suits without
9-27 giving security for costs, and may appeal from a judgment without
10-1 giving supersedeas or cost bond. An action at law or in equity
10-2 against the district shall be brought in the county in which the
10-3 principal office of the district is located, except that in eminent
10-4 domain proceedings suit shall be brought in the county in which the
10-5 land is located.
10-6 (d) A district may acquire by grant, purchase, gift, devise,
10-7 lease, or otherwise and may hold, use, sell, lease, or dispose of
10-8 real and personal property, licenses, patents, rights, and
10-9 interests necessary, convenient, or useful for the full exercise of
10-10 any of its powers under this Act.
10-11 (e) A district may plan, acquire, construct, complete,
10-12 develop, own, operate, and maintain rail facilities inside or
10-13 outside the district, and for those purposes subject to a grant
10-14 previously secured or with the consent of any municipality, county,
10-15 or other political subdivision may use streets, alleys, roads,
10-16 highways, and other public ways of any municipality, county, or
10-17 other political subdivision and may relocate, raise, reroute,
10-18 change the grade of, or alter, at the expense of the district, the
10-19 construction of any street, alley, highway, road, railroad,
10-20 electric lines and facilities, telegraph and telephone properties
10-21 and facilities, pipelines and facilities, conduits and facilities,
10-22 and other properties, whether publicly or privately owned, as
10-23 necessary or useful in the construction, reconstruction, repair,
10-24 maintenance, and operation of rail facilities. A district may
10-25 acquire by purchase, whenever it considers the purchase expedient,
10-26 any land, property rights, right-of-way, franchises, easements, and
10-27 other interests in land as it considers necessary for the
11-1 acquisition, construction, or operation of any rail facility on
11-2 such terms and at such price as agreed to between the district and
11-3 the owner and may take title in the name of the district. The
11-4 governing body of every municipality, county, other political
11-5 subdivision, or public agency is authorized without any form of
11-6 advertisement to make conveyance of title or rights and easements
11-7 to any property needed by the district to effect its purposes in
11-8 connection with the acquisition, construction, or operation of rail
11-9 facilities <a system within its boundaries, both inside and outside
11-10 the limits of incorporated cities, towns, and villages, and has the
11-11 right to use the streets, alleys, roads, highways, and other public
11-12 ways and to relocate, raise, lower, reroute, regulate, change the
11-13 grade of, and alter the construction of any street, alley, highway,
11-14 or road; any railroad track, bridge, or other facility or property;
11-15 any gas transmission or distribution pipes, pipelines, mains, or
11-16 other facility or property; any water, sanitary sewer, or storm
11-17 sewer pipes, pipelines, or other facility or property; any electric
11-18 lines, telegraph or telephone facility or property; any cable
11-19 television lines, cables, conduits, or other facility or property;
11-20 and pipelines and facilities, conduits and facilities, or other
11-21 property whether publicly or privately owned, in the construction,
11-22 reconstruction, repair, maintenance, or operation of the system. A
11-23 district shall pay the cost of any change made under this
11-24 subsection and is liable for any damage to property occurring
11-25 because of the change>.
11-26 (f) A district has the right of eminent domain to acquire
11-27 lands in fee simple and any interest less than fee simple in, on,
12-1 under, or above lands, including, without limitation, easements,
12-2 rights-of-way, rights of use of airspace or subsurface space. The
12-3 right may not be exercised in a manner that would unduly interfere
12-4 with interstate commerce <or unduly impair the neighborhood
12-5 character of property surrounding or adjacent to the property
12-6 sought to be condemned>. Eminent domain proceedings brought by a
12-7 district are governed by Title 52, Revised <Civil> Statutes <of
12-8 Texas, 1925>, except as it is inconsistent with this Act.
12-9 Proceedings for the exercise of the power of eminent domain are
12-10 commenced by the adoption by the board of a resolution declaring
12-11 the public necessity for the acquisition by the district of the
12-12 property or interest described in the resolution, and that the
12-13 acquisition is necessary and proper for the construction,
12-14 extension, improvement, or development of rail facilities <the
12-15 system> and is in the public interest. The resolution of the
12-16 district is conclusive evidence of the public necessity of the
12-17 proposed acquisition and that the real or personal property or
12-18 interest in property is necessary for public use.
12-19 (g) A district may enter into agreements with any other
12-20 public utility, private utility, communication system, common
12-21 carrier, or transportation system for the joint use of its
12-22 facilities, installations, or properties within or outside the
12-23 district and establish through routes, joint fares, and, subject to
12-24 approval of any tariff-regulating body having jurisdiction,
12-25 divisions of tariffs.
12-26 (h) A district may adopt rules to govern the operation of
12-27 the district, its employees, the rail facilities, service provided
13-1 by the district, and any other necessary matter concerning its
13-2 purposes, including rules regarding health, safety, alcohol or
13-3 beverage service, food service, and telephone and utility services,
13-4 to protect the health, safety, and general welfare of the state.
13-5 (i) A district may enter into joint ownership agreements
13-6 with any person.
13-7 (j) A district shall establish and maintain rents or other
13-8 compensation for the use of the facilities of the system acquired,
13-9 constructed, operated, regulated, or maintained by the district
13-10 that are reasonable and nondiscriminatory and, together with grants
13-11 received by the district, are sufficient to produce revenues
13-12 adequate:
13-13 (1) to pay all expenses necessary to the operation and
13-14 maintenance of the properties and facilities of the district;
13-15 (2) to pay the interest on and principal of all bonds
13-16 issued by the district under this Act payable in whole or in part
13-17 from the revenues, as they become due and payable; and
13-18 (3) to fulfill the terms of any agreements made with
13-19 the holders of bonds or with any person in their behalf.
13-20 (k) <(i)> A district may make contracts, leases, and
13-21 agreements with, and accept grants and loans from the United States
13-22 of America, its departments and agencies, the state, its agencies,
13-23 and political subdivisions, and public or private corporations and
13-24 persons, and may generally perform all acts necessary for the full
13-25 exercise of the powers vested in it. A district may acquire
13-26 rolling stock or other property under conditional sales contracts,
13-27 leases, equipment trust certificates, or any other form of contract
14-1 or trust agreement. Any revenue bond indenture may provide
14-2 limitations on the exercise of the powers granted by this section,
14-3 and the limitations apply so long as any of the revenue bonds
14-4 issued pursuant to the indenture are outstanding and unpaid.
14-5 (l) <(j)> A district may sell, lease, convey, or otherwise
14-6 dispose of any of its rights, interests, or properties not needed
14-7 for or, in the case of leases, not inconsistent with the efficient
14-8 operation and maintenance of the system. It may, on adoption of an
14-9 order by the board, sell, lease, or otherwise dispose of, at any
14-10 time, any surplus materials or personal or real property not needed
14-11 for its requirements or for the purpose of carrying out its power
14-12 under this Act.
14-13 (m) <(k)> A district by resolution may adopt rules and
14-14 regulations governing the use, operation, and maintenance of the
14-15 system and shall determine all routings and change them whenever
14-16 the board considers it advisable.
14-17 (n) <(l)> A district may lease the rail facilities <system>
14-18 or any part to, or contract for the use or operation of the rail
14-19 facilities <system> or any part by, any operator. A district shall
14-20 encourage to the maximum extent practicable the participation of
14-21 private enterprise in the operation of rail facilities <the
14-22 system>. The term of an operating contract under this subsection
14-23 may not exceed 20 years.
14-24 (o) <(m)> A district may contract with any county or other
14-25 political subdivision of the state for the district to provide rail
14-26 transportation services to any area outside the boundaries of the
14-27 district on such terms and conditions as may be agreed to by the
15-1 parties.
15-2 (p) Before beginning the operation of rail facilities the
15-3 board of a district shall adopt an annual operating budget
15-4 specifying the anticipated revenues and expenses of the district
15-5 for the remainder of the fiscal year, and the district shall adopt
15-6 an operating budget for each succeeding fiscal year. The fiscal
15-7 year of the district ends September 30 unless changed by the board
15-8 not more than once in any three-year period. The board shall hold
15-9 a public hearing before adopting each budget except the initial
15-10 budget. Notice of each hearing must be published at least seven
15-11 days before the date of the hearing in a newspaper of general
15-12 circulation in the district. A budget may be amended at any time
15-13 if notice of the proposed amendment is given in the notice of
15-14 meeting. An expenditure that is not budgeted may not be made.
15-15 (q) The board of a district shall by resolution name one or
15-16 more banks for the deposit of district funds. District funds are
15-17 public funds and may be invested in securities permitted by the
15-18 Public Funds Investment Act of 1987 (Article 842a-2, Vernon's Texas
15-19 Civil Statutes). To the extent funds of the district are not
15-20 insured by the Federal Deposit Insurance Corporation or its
15-21 successor, they shall be collateralized in the manner provided for
15-22 county funds.
15-23 Sec. 6. Bonds and Notes. (a) A district may issue revenue
15-24 bonds and notes from time to time and in such amounts as its board
15-25 considers necessary or appropriate for the acquisition, purchase,
15-26 construction, reconstruction, repair, equipping, improvement, or
15-27 extension of its rail facilities <system>. All bonds and notes are
16-1 fully negotiable and may be made redeemable before maturity, at the
16-2 option of the issuing district, at such price or prices and under
16-3 such terms and conditions as may be fixed by the issuing district
16-4 in the resolution authorizing the bonds or notes, and may be sold
16-5 at public or private sale, as determined by the board.
16-6 (b) Before delivery, all bonds and notes authorized to be
16-7 issued, except notes issued to an agency of the federal or state
16-8 government, and the records relating to their issuance shall be
16-9 submitted to the attorney general for examination. If the attorney
16-10 general finds that they have been issued in accordance with the
16-11 constitution and this Act, and that they will be binding
16-12 obligations of the district issuing them, the attorney general
16-13 shall approve them, and they shall be registered by the state
16-14 comptroller of public accounts. After approval, registration, and
16-15 sale and delivery of the bonds to the purchaser, they are
16-16 incontestable.
16-17 (c) In order to secure the payment of the bonds or notes,
16-18 the district may encumber and pledge all or any part of the
16-19 revenues of its rail facilities <system>, may mortgage and encumber
16-20 all or any part of the properties of the rail facilities <system>,
16-21 and everything pertaining to them acquired or to be acquired, and
16-22 may prescribe the terms and provisions of the bonds and notes in
16-23 any manner not inconsistent with this Act. If not prohibited by
16-24 the resolution or indenture relating to outstanding bonds or notes,
16-25 any district may encumber separately any item or items of real
16-26 estate or personalty.
16-27 (d) All bonds and notes are legal and authorized investments
17-1 for banks, trust companies, savings and loan associations, and
17-2 insurance companies. The bonds and notes are eligible to secure
17-3 the deposit of public funds of the state, cities, towns, villages,
17-4 counties, school districts, or other political corporations or
17-5 subdivisions of the state. The bonds and notes are lawful and
17-6 sufficient security for the deposits to the extent of the bonds'
17-7 principal amount or market value, whichever is less<, when
17-8 accompanied by all unmatured coupons appurtenant to them>.
17-9 (e) Bonds payable solely from revenues may be issued by
17-10 resolution of the board.
17-11 Sec. 6A. ALTERNATIVE FINANCING. (a) A district may use the
17-12 procedures provided by Chapter 271, Local Government Code, to
17-13 finance rail facilities of the district, except to the extent of
17-14 conflict with this Act and except that the district may not levy or
17-15 collect ad valorem taxes.
17-16 (b) A district may issue nonnegotiable purchase money notes,
17-17 payable in installments and secured by the property being acquired
17-18 or constructed, to acquire or construct rail facilities. A
17-19 district may also secure the obligation of the notes by a pledge or
17-20 undertaking to issue bonds or bond anticipation notes. A district
17-21 may covenant with the purchaser of bond anticipation notes that the
17-22 proceeds of one or more particular series of bonds will be used for
17-23 the ultimate payment of the purchase money notes or bond
17-24 anticipation notes.
17-25 SECTION 2. All orders by the commissioners courts of
17-26 eligible counties, as defined by Chapter 623, Acts of the 67th
17-27 Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas
18-1 Civil Statutes), as amended by this Act, that were adopted before
18-2 the effective date of this Act and have not been repealed, that
18-3 purported to create a rural rail transportation district under that
18-4 Act, that named the counties to be included in the district, and
18-5 that are not the subject of litigation as to their validity on the
18-6 effective date of this Act are validated, ratified, and confirmed
18-7 as if they were adopted in compliance with all applicable law.
18-8 SECTION 3. The board of each rural rail transportation
18-9 district that was created or re-created before the effective date
18-10 of this Act or is validated by this Act shall, not later than the
18-11 90th day after the effective date of this Act, file with the
18-12 Railroad Commission of Texas a certified copy of the orders
18-13 creating or re-creating the district.
18-14 SECTION 4. The importance of this legislation and the
18-15 crowded condition of the calendars in both houses create an
18-16 emergency and an imperative public necessity that the
18-17 constitutional rule requiring bills to be read on three several
18-18 days in each house be suspended, and this rule is hereby suspended,
18-19 and that this Act take effect and be in force from and after its
18-20 passage, and it is so enacted.