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By:  Ogden                                                        S.B. No. 52 
	(In the Senate - Filed July 14, 2003; July 14, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; July 21, 2003, reported favorably by the following 
vote:  Yeas 8, Nays 0; July 21, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the expenditure of funds on rail facilities by the Texas 
Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 91.071, Transportation 
Code, is amended to read as follows:
	(b)  Each fiscal year, the total amount disbursed by the 
department out of federal and state funds shall not exceed $12.5 
million.  This subsection does not apply to:
		(1)  disbursements for the acquisition or construction 
of rail lines on the Trans-Texas Corridor;
		(2)  the acquisition of abandoned rail facilities 
described in Section 91.007;
		(3)  funding derived from:                                             
			(A)  the issuance of bonds;[,]                
			(B)  private investment;[,]                   
			(C)  donations;[,] and                        
			(D)  grants, [or] loans, or reimbursements that 
are provided from the Federal Railroad Administration or Federal 
Transit Administration; [and]
		(4)  federal funds authorized and appropriated by the 
United States Congress for a specific project;
		(5)  grant money awarded by the governor from the Texas 
Enterprise Fund; and
		(6)  grading and bed preparation.                                      
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect November 1, 2003.



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