By Kubiak, et al. H.B. No. 32
74R141 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exercise of the powers of eminent domain and the
1-3 right of entry by the Texas High-Speed Rail Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(b), Texas High-Speed Rail Act (Article
1-6 6674v.2, Revised Statutes), is amended to read as follows:
1-7 (b) The board may:
1-8 (1) accept donations, contributions, grants, or gifts
1-9 from any source for any purpose; however, legislative
1-10 appropriations or other state funds may be used only for planning
1-11 but not for financing, acquisition, construction, maintenance, or
1-12 operation of the high-speed rail facility;
1-13 (2) acquire by contract purchase, grant, purchase,
1-14 gift, devise, lease, or contribution from any source and hold, use,
1-15 sell, lease, or dispose of any property, including property of a
1-16 franchisee;
1-17 (3) grant a franchise for the financing, construction,
1-18 improvement, use, or operation of all or part of a high-speed rail
1-19 facility in incorporated and unincorporated areas of the state;
1-20 (4) use, close, relocate, raise, reroute, impact,
1-21 change the grade of, or alter the construction of a street, alley,
1-22 highway, or road with the approval of the Texas <State> Department
1-23 of <Highways and Public> Transportation and may also close,
1-24 relocate, change the grade of, or alter the construction of a
2-1 railroad, electric line, electric facility, telegraph and telephone
2-2 property or facility, pipeline, pipeline facility, or other
2-3 property, whether publicly or privately owned, as necessary or
2-4 useful in the construction, reconstruction, repair, maintenance, or
2-5 operation of a high-speed rail facility, at the expense of the
2-6 authority which in all cases must be reimbursed by the franchisee
2-7 or others pursuant to this Act;
2-8 (5) regulate outdoor advertising, signs, junkyards,
2-9 and automobile graveyards located adjacent to a right-of-way of the
2-10 authority in the same manner that the Texas <State Highway and
2-11 Public> Transportation Commission regulates such uses and
2-12 conditions along the main traveled way of the interstate or primary
2-13 highway systems under Article IV, Section 1, Chapter 741, Acts of
2-14 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
2-15 Vernon's Texas Civil Statutes);
2-16 (6) employ and remove any person, firm, partnership,
2-17 or corporation considered necessary by the board for the conduct of
2-18 the affairs of the authority, including a general manager,
2-19 bookkeepers, auditors, engineers, attorneys, financial advisors,
2-20 and advisors;
2-21 (7) receive services from the state, the Railroad
2-22 Commission of Texas, the Texas Department of Commerce, the Texas
2-23 <State> Department of <Highways and Public> Transportation, the
2-24 Texas Turnpike Authority, other state agency having statewide
2-25 jurisdiction, or any county, municipal corporation, or other
2-26 political subdivision of the state for the acquisition of a
2-27 high-speed rail facility;
3-1 (8) adopt and implement rules and management policies
3-2 including those for the investment of public funds necessary to
3-3 implement this Act; and
3-4 (9) <exercise the power of eminent domain provided the
3-5 cost thereof is paid by the franchisee; and>
3-6 <(10)> in performing its duties under this Act,
3-7 contract or cooperate with any person, corporation, or entity.
3-8 SECTION 2. Section 6(b), Texas High-Speed Rail Act (Article
3-9 6674v.2, Revised Statutes), as amended by Section 4.02, Chapter 7,
3-10 Acts of the 72nd Legislature, 1st Called Session, 1991, to take
3-11 effect September 1, 1995, is amended to read as follows:
3-12 (b) The Railroad Commission of Texas may:
3-13 (1) accept donations, contributions, grants, or gifts
3-14 from any source for any purpose; however, legislative
3-15 appropriations or other state funds may be used only for planning
3-16 but not for financing, acquisition, construction, maintenance, or
3-17 operation of the high-speed rail facility;
3-18 (2) acquire by contract purchase, grant, purchase,
3-19 gift, devise, lease, or contribution from any source and hold, use,
3-20 sell, lease, or dispose of any property, including property of a
3-21 franchisee;
3-22 (3) grant a franchise for the financing, construction,
3-23 improvement, use, or operation of all or part of a high-speed rail
3-24 facility in incorporated and unincorporated areas of the state;
3-25 (4) use, close, relocate, raise, reroute, impact,
3-26 change the grade of, or alter the construction of a street, alley,
3-27 highway, or road with the approval of the Texas Department of
4-1 Transportation and may also close, relocate, change the grade of,
4-2 or alter the construction of a railroad, electric line, electric
4-3 facility, telegraph and telephone property or facility, pipeline,
4-4 pipeline facility, or other property, whether publicly or privately
4-5 owned, as necessary or useful in the construction, reconstruction,
4-6 repair, maintenance, or operation of a high-speed rail facility, at
4-7 the expense of the authority which in all cases must be reimbursed
4-8 by the franchisee or others pursuant to this Act;
4-9 (5) regulate outdoor advertising, signs, junkyards,
4-10 and automobile graveyards located adjacent to a right-of-way of the
4-11 authority in the same manner that the Texas Transportation
4-12 Commission regulates such uses and conditions along the main
4-13 traveled way of the interstate or primary highway systems under
4-14 Article V, Section 1, Chapter 741, Acts of the 67th Legislature,
4-15 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
4-16 Statutes);
4-17 (6) employ and remove any person, firm, partnership,
4-18 or corporation considered necessary by the board for the conduct of
4-19 the affairs of the authority, including a general manager,
4-20 bookkeepers, auditors, engineers, attorneys, financial advisors,
4-21 and advisors;
4-22 (7) receive services from the state, the Texas
4-23 Department of Commerce, the Texas Department of Transportation,
4-24 other state agencies having statewide jurisdiction, or any county,
4-25 municipal corporation, or other political subdivision of the state
4-26 for the acquisition of a high-speed rail facility;
4-27 (8) adopt and implement rules and management policies
5-1 including those for the investment of public funds necessary to
5-2 implement this Act; and
5-3 (9) <exercise the power of eminent domain provided the
5-4 cost thereof is paid by the franchisee; and>
5-5 <(10)> in performing its duties under this Act,
5-6 contract or cooperate with any person, corporation, or entity.
5-7 SECTION 3. Section 12, Texas High-Speed Rail Act (Article
5-8 6674v.2, Revised Statutes), is repealed.
5-9 SECTION 4. Section 12(f), Texas High-Speed Rail Act (Article
5-10 6674v.2, Revised Statutes), as amended by Section 4.05, Chapter 7,
5-11 Acts of the 72nd Legislature, 1st Called Session, 1991, to take
5-12 effect September 1, 1995, is repealed.
5-13 SECTION 5. Section 16, Texas High-Speed Rail Act (Article
5-14 6674v.2, Revised Statutes), is repealed.
5-15 SECTION 6. (a) Except as provided by Subsection (b) of this
5-16 section, this Act takes effect immediately.
5-17 (b) Sections 2 and 4 of this Act take effect September 1,
5-18 1995.
5-19 SECTION 7. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended,
5-24 and that this Act take effect and be in force according to its
5-25 terms, and it is so enacted.