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.