75R11497 DWS-F
By Ratliff S.B. No. 1706
Substitute the following for S.B. No. 1706:
By Delisi C.S.S.B. No. 1706
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the funding of passenger rail service by the Texas
1-3 Department of Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 456.002(b), Transportation Code, is
1-6 amended to read as follows:
1-7 (b) Each public transportation program provided by this
1-8 chapter, except the passenger rail service assistance program under
1-9 Subchapter D, is a matching grant program for public transportation
1-10 projects. Approval by the United States of a proposed public
1-11 transportation project means that the project is consistent with
1-12 the purposes of this chapter and with the continuing, cooperative,
1-13 and comprehensive regional transportation planning implemented in
1-14 accordance with the Federal Transit Act and the Federal-Aid Highway
1-15 Act.
1-16 SECTION 2. Chapter 456, Transportation Code, is amended by
1-17 adding Subchapter D to read as follows:
1-18 SUBCHAPTER D. PASSENGER RAIL SERVICE ASSISTANCE PROGRAM
1-19 Sec. 456.061. DEFINITION. In this subchapter, "eligible
1-20 corporation" means a corporation created under former Subchapter
1-21 III, Chapter 14, Title 45, United States Code (now 49 U.S.C.
1-22 Sections 24101 et seq. and 24301 et seq.).
1-23 Sec. 456.062. LOANS TO CORPORATION. (a) Under the
1-24 authority of Section 52-a, Article III, Texas Constitution, and
2-1 from funds appropriated from the general revenue fund for this
2-2 purpose, the commission may loan money to an eligible corporation
2-3 that provides rail passenger service in the state.
2-4 (b) Notwithstanding any other statutory restriction, the
2-5 portion of the state highway fund not dedicated by the constitution
2-6 is collateral for repayment of a loan made under this section. The
2-7 comptroller may transfer from that portion of the state highway
2-8 fund to the general revenue fund the amount needed to repay any
2-9 unpaid balance on the loan, including applicable interest, in
2-10 accordance with the loan agreement.
2-11 Sec. 456.063. AGREEMENT. The department, on behalf of the
2-12 commission and with the approval of the comptroller, shall enter
2-13 into an agreement, under terms and conditions the department
2-14 considers appropriate, with an eligible corporation for the
2-15 purposes of making a secured loan under this subchapter. The
2-16 agreement must provide for collateralization and guaranties in a
2-17 form and amount determined by the comptroller and the commission to
2-18 be sufficient to repay to the state highway fund any money
2-19 transferred to the general revenue fund under Section 456.062(b).
2-20 Sec. 456.064. LIMITATION OF FUNDING. The commission may
2-21 only expend funds specifically appropriated by the legislature for
2-22 the purposes of this subchapter.
2-23 Sec. 456.065. GUARANTEE FROM MUNICIPALITIES. The
2-24 department, on behalf of the commission and with the approval of
2-25 the comptroller, shall secure an agreement or agreements with the
2-26 municipalities served by an eligible corporation that receives
2-27 assistance under this subchapter to further guarantee the repayment
3-1 of half of any unpaid balance on a loan, including interest, made
3-2 under this subchapter.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.