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By:  Swinford                                                     H.B. No. 3261



A BILL TO BE ENTITLED

AN ACT

relating to railroad safety inspection fees.                                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 6448a, Vernon's Texas Civil Statutes, is 
amended to read as follows:
	Section 1.  The Railroad Commission of Texas is hereby 
authorized to perform any act and issue any rules and orders as 
permitted by the Federal Railroad Safety Act of 1970 (45 U.S.C.A. 
431 et seq.).
	Section 2.  (a)  The Railroad Commission of Texas by rule 
shall adopt reasonable fees to be assessed annually against 
railroads operating within the state.
	(b)  The commission by rule shall establish the method by 
which the fees will be calculated and assessed.
	(c)  The total amount of fees estimated to be collected by 
rules adopted by the commission under this section may not exceed 
the amount estimated by the commission to be necessary to recover 
the costs of administering the commission's rail safety program.
	(d)  In adopting a fee structure, the commission may consider 
the gross ton miles for railroad operations within the State of 
Texas for each railroad operating in the state to provide for the 
equitable allocation among railroads of the cost of administering 
the commission's rail safety program.
	(e)  A fee collected under this section shall be deposited to 
the credit of the general revenue fund to be used for the rail 
safety program.
	SECTION 2.  This Act takes effect on September 1, 2003.