By Averitt                                            H.B. No. 1569
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Texas High-Speed Rail Authority.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3, Texas High-Speed Rail Act (Article
    1-5  6674v.2, Revised Statutes), as amended by Chapter 7, Acts of the
    1-6  72nd Legislature, 1st Called Session, 1991, is amended to read as
    1-7  follows:
    1-8        Sec. 3.  Creation of authority.  The Railroad Commission of
    1-9  Texas shall act as the Texas High-Speed Rail Authority to exercise
   1-10  the powers conferred by this Act<, directly or indirectly, through
   1-11  an advisor or a franchisee> as an essential governmental function
   1-12  of the state.  The powers of the railroad commission under this Act
   1-13  are a separate and distinct function of the commission.  When
   1-14  exercising its powers under this Act, the commission is governed
   1-15  exclusively by this Act, and other laws apply to proceedings under
   1-16  this Act only if expressly made applicable.
   1-17        SECTION 2.  Sections 6(a) and (b), Texas High-Speed Rail Act
   1-18  (Article 6674v.2, Revised Statutes), as amended by Chapter 7, Acts
   1-19  of the 72nd Legislature, 1st Called Session, 1991, are amended to
   1-20  read as follows:
   1-21        (a)  The Railroad Commission of Texas shall exercise all
   1-22  powers of the authority <directly or indirectly by assignment to
   1-23  the franchisee>.
   1-24        (b)  The Railroad Commission of Texas may:
    2-1              (1)  accept donations, contributions, grants, or gifts
    2-2  from any source for any purpose; however, legislative
    2-3  appropriations or other state funds may be used only for planning
    2-4  but not for financing, acquisition, construction, maintenance, or
    2-5  operation of the high-speed rail facility;
    2-6              (2)  acquire by contract purchase, grant, purchase,
    2-7  gift, devise, lease, or contribution from any source and hold, use,
    2-8  sell, lease, or dispose of any property, except that the commission
    2-9  may not hold any <including> property of a franchisee;
   2-10              (3)  grant a franchise for the financing, construction,
   2-11  improvement, use, or operation of all or part of a high-speed rail
   2-12  facility in incorporated and unincorporated areas of the state;
   2-13              (4)  use, close, relocate, raise, reroute, impact,
   2-14  change the grade of, or alter the construction of a street, alley,
   2-15  highway, or road with the approval of the Texas Department of
   2-16  Transportation and may also close, relocate, change the grade of,
   2-17  or alter the construction of a railroad, electric line, electric
   2-18  facility, telegraph and telephone property or facility, pipeline,
   2-19  pipeline facility, or other property, whether publicly or privately
   2-20  owned, as necessary or useful in the construction, reconstruction,
   2-21  repair, maintenance, or operation of a high-speed rail facility, at
   2-22  the expense of the authority which in all cases must be reimbursed
   2-23  by the franchisee or others pursuant to this Act;
   2-24              (5)  regulate outdoor advertising, signs, junkyards,
   2-25  and automobile graveyards located adjacent to a right-of-way of the
   2-26  authority in the same manner that the Texas Transportation
   2-27  Commission regulates such uses and conditions along the main
    3-1  traveled way of the interstate or primary highway systems under
    3-2  Article V, Section 1, Chapter 741, Acts of the 67th Legislature,
    3-3  Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
    3-4  Statutes);
    3-5              (6)  employ and remove any person, firm, partnership,
    3-6  or corporation considered necessary by the board for the conduct of
    3-7  the affairs of the authority, including a general manager,
    3-8  bookkeepers, auditors, engineers, attorneys, financial advisors,
    3-9  and advisors;
   3-10              (7)  receive services from the state, the Texas
   3-11  Department of Commerce, the Texas Department of  Transportation,
   3-12  other state agencies having statewide jurisdiction, or any county,
   3-13  municipal corporation, or other political subdivision of the state
   3-14  for the acquisition of a high-speed rail facility;
   3-15              (8)  adopt and implement rules and management policies
   3-16  including those for the investment of public funds necessary to
   3-17  implement this Act;
   3-18              (9)  exercise the power of eminent domain provided the
   3-19  cost thereof is paid by the franchisee; and
   3-20              (10)  in performing its duties under this Act, contract
   3-21  or cooperate with any person, corporation, or entity.
   3-22        SECTION 3.  The Texas High-Speed Rail Act (Article 6674v.2,
   3-23  Revised Statutes) is amended by adding Section 6B to read as
   3-24  follows:
   3-25        Sec. 6B.  USE OF EXISTING RIGHTS-OF-WAY.  (a)  The commission
   3-26  shall, to the greatest extent practicable, acquire the right to use
   3-27  railroad rights-of-way held and used by a railroad company and
    4-1  highway rights-of-way that are available for high-speed rail
    4-2  purposes.
    4-3        (b)  The commission may not acquire right-of-way by eminent
    4-4  domain unless the right-of-way to be acquired is:
    4-5              (1)  contiguous to property described by Subsection
    4-6  (a); and
    4-7              (2)  necessary for safety considerations or because of
    4-8  technological requirements.
    4-9        SECTION 4.  Section 7(10), Texas High-Speed Rail Act (Article
   4-10  6674v.2, Revised Statutes), is amended to read as follows:
   4-11              (10)  "High-speed rail" means the rail technology that
   4-12  permits the operation of rolling stock between scheduled stops at
   4-13  speeds in excess of 85 <150> miles an hour.
   4-14        SECTION 5.  Section 12(b), Texas High-Speed Rail Act (Article
   4-15  6674v.2, Revised Statutes), is amended to read as follows:
   4-16        (b)  Except as provided by this section, the authority must
   4-17  exercise the power of eminent domain in the manner provided by
   4-18  Chapter 21, Property Code<, but the authority is not required to
   4-19  deposit in the trial court money or a bond as provided by
   4-20  Subsection (a), Section 21.021, Property Code>.
   4-21        SECTION 6.  Section 17(b), Texas High-Speed Rail Act (Article
   4-22  6674v.2, Revised Statutes), is amended to read as follows:
   4-23        (b)  A condensed substantive statement of each rule for which
   4-24  a penalty is provided, including the penalty for its violation,
   4-25  shall be published after adoption once a week for two consecutive
   4-26  weeks in a newspaper of general circulation in the cities in which
   4-27  the terminals of the high-speed rail facility are located.  The
    5-1  notice must advise that breach of the rule will subject the
    5-2  violator to a penalty and that the full text of the rule is on file
    5-3  in the principal office of the authority where it may be read by
    5-4  any interested person.  A rule becomes effective 10 days after the
    5-5  second publication.  <In the event of conflict or inconsistency
    5-6  between any rule adopted by the authority and any city charter,
    5-7  ordinance, resolution, or rule or any county resolution, order, or
    5-8  ordinance, the provisions of the authority rule prevail and
    5-9  control.>
   5-10        SECTION 7.  Section 24(g), Texas High-Speed Rail Act (Article
   5-11  6674v.2, Revised Statutes), as amended by Chapter 7, Acts of the
   5-12  72nd Legislature, 1st Called Session, 1991, is amended to read as
   5-13  follows:
   5-14        (g)  <The commission may amend the franchise agreement on
   5-15  request of the franchisee at any time.>  The commission may amend
   5-16  specific provisions in the franchise agreement if the commission
   5-17  determines, after a hearing under Chapter 2001, Government Code
   5-18  <the Administrative Procedure and Texas Register Act (Article
   5-19  6252-13a, Vernon's Texas Civil Statutes)>, that the modification is
   5-20  essential to protect the public health, safety, and welfare.  The
   5-21  commission shall amend the franchise agreement by adopting a final
   5-22  order.
   5-23        SECTION 8.  Sections 12(e), 15, 16, 24(d), (f), (i), and (j),
   5-24  and 27, Texas High-Speed Rail Act (Article 6674v.2, Revised
   5-25  Statutes), are repealed.
   5-26        SECTION 9.  This Act takes effect September 1, 1995.
   5-27        SECTION 10.  The importance of this legislation and the
    6-1  crowded condition of the calendars in both houses create an
    6-2  emergency and an imperative public necessity that the
    6-3  constitutional rule requiring bills to be read on three several
    6-4  days in each house be suspended, and this rule is hereby suspended.