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	Amend the amendment to CSSB 1 by Representative McClendon 
(page 252 of the amendment packet) by striking lines 1-28 of the 
amendment and substituting:
	Amend CSSB 1 in Article VII of the bill, at the end of the 
appropriations to the Texas Department of Transportation by adding 
the appropriately numbered rider:
	____.  ALLOCATION FOR RAIL RELOCATION AND IMPROVEMENT FUND. 
(a)  Out of the funds appropriated above, and on a finding by the 
comptroller under Subsection (b) of this rider, an amount of $91 
million is allocated out of the state highway fund for state fiscal 
year 2010 and an amount of $91 million is allocated out of the state 
highway fund for state fiscal year 2011 for transfer to the Texas 
rail relocation and improvement fund.  The amounts are allocated 
for expenditure out of the Texas rail relocation and improvement 
fund to the Texas Department of Transportation for the purposes 
described by Section 49-o, Article III, Texas Constitution.
	(b)  The allocations under Subsection (a) of this rider may 
be made only if the comptroller issues a finding of fact that the 
following items total an increase for the 2010-2011 state fiscal 
biennium of at least $182 million over the 2008-2009 state fiscal 
biennium:
		(1)  the net impact of enacted revenue measures on 
incoming revenue of the state highway fund;
		(2)  the amount of any reduction in appropriations made 
from the state highway fund to state agencies other than the Texas 
Department of Transportation; and
		(3)  any increase in appropriations made to the Texas 
Department of Transportation from the general revenue fund.
	(c)  The allocation of money under Subsection (a) of this 
rider does not include money in the state highway fund that is 
dedicated for particular purposes by the constitution of this 
state.
	(d)  Any unexpended balance on August 31, 2010, of amounts 
allocated by this rider in fiscal year 2010 is allocated for the 
purposes of this rider for the state fiscal year beginning 
September 1, 2010.