Amend CSSB 1 in Article VII of the bill, at the end of the 
appropriations to the Texas Department of Transportation by adding 
the following appropriately numbered rider:
	____.  APPROPRIATION FOR RAIL RELOCATION AND IMPROVEMENT 
FUND.  (a)  On a finding by the comptroller under Subsection (b) of 
this rider, an amount not to exceed $91 million is appropriated out 
of the state highway for state fiscal year 2010 and $91 million is 
appropriated out of the state highway fund for state fiscal year 
2011 for transfer to the Texas rail relocation and improvement 
fund.  The amounts are appropriated 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 appropriations 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 appropriation 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 
appropriated by this rider is appropriated for the purposes of this 
rider for the state fiscal year beginning September 1, 2010.