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.