BILL ANALYSIS



H.B. 32
By: Kubiak
April 7, 1995
Committee Report (Unamended)


BACKGROUND

The Texas High-Speed Rail Authority (the "Authority") was conceived
in 1989 to expedite the advent of high-speed rail transportation in
Texas.  At that time, the legislature granted eminent domain power
to the Authority because it was believed that high-speed rail would
require laying new tracks in areas where there was no existing
right-of-way.

Since that time, technology has advanced to the point that high-speed trains now exist which can utilize existing rights-of-way and
even existing tracks, thus eliminating the need for wholesale
eminent domain.  In addition, eminent domain seems to be the top
concern of landowners in the path of the proposed route.  Under
this proposed bill, landowners' opposition to high-speed rail would
be significantly reduced.  If, in some rare instances, a need for
eminent domain would still exist, the Authority could still come to
the legislature to request this power on a case-by-case basis.

PURPOSE

To discontinue the right of entry and the power of eminent domain
of the Texas High-Speed Rail Authority.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 6(b) of the Texas High-Speed Rail Act by
           changing the name of State Department of Highways and
           Public Transportation to Texas Department of
           Transportation and deleting reference to the power of
           eminent domain.  

SECTION 2  Amends Section 6(B) of the Act by deleting reference to
           the power of eminent domain.

SECTION 3  Repeals Section 12 of the Act, which is the section on
           Eminent Domain.

SECTION 4  Repeals Section 12(f) of the Act, which defines the
           eminent domain process for the board. 

SECTION 5  Repeals Section 16 of the Act, which is the section
           providing the right of entry to employees and
           representatives of the authority and franchisee.

SECTION 6  Provides for immediate effect, except for Sections 2 and
           4 which would take effect September 1, 1995.

SECTION 7  Emergency clause.



SUMMARY OF COMMITTEE ACTION

H.B. 32 was considered by the committee in a public hearing on
February 28, 1995.

The following persons testified in favor of the bill:

           Representative Dan Kubiak;
           Kathryn Keller, representing the Texas Farm Bureau;
           Jimmy Gaines, representing himself; and
           Charles Carter, representing the Independent Cattleman's
           Association of Texas.

The bill was referred to a subcommittee to be named later by the
Chair.

On March 14, 1995, the Chair named the following subcommittee:  the
Subcommittee on Regulation consisting of Representatives Howard,
Turner and Mowery.

H.B. 32 was considered by the subcommittee in a formal meeting on
March 16, 1995.

The bill was reported favorably without amendment to the full
committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent.

H.B. 32 was considered on subcommittee report by the committee in
a formal meeting on April 6, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.