BILL ANALYSIS

C.S.H.B. 646

By: Hughes

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In 1982, the United States Congress authorized the creation of the Southern High-Speed Rail Commission, an interstate organization tasked with studying the feasibility of high-speed rail between southern states. The federal law originally authorized only the states of Louisiana and Mississippi to join the compact that created the commission, but it also stipulated that any state contiguous to a member state may become a party to the compact, subject to the ratification of the legislature of each member state. Shortly after the federal legislation passed, the Alabama Legislature authorized that state to join the compact.

C.S.H.B. 646 would authorize Texas to join the Southern High-Speed Rail Compact. If Texas' admission into the compact is ratified by the legislatures of Alabama, Louisiana, and Mississippi, Texas will hold seven seats on the commission. The delegation from Texas will consist of a representative from the Texas Department of Transportation and five public members appointed by the governor.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Southern High-Speed Rail Commission in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 646 amends the Transportation Code to signify in advance the legislature's approval and ratification of the Southern High-Speed Rail Compact as set forth in the bill.  The bill authorizes the governor to execute the compact with the states of Mississippi, Louisiana, and Alabama in substantially the same form as the bill's provisions.

C.S.H.B. 646 establishes that the purpose of the compact is to implement Pub. L. No. 97-213, including the conduct of a study of the feasibility of rapid rail transit service between the states of Mississippi, Louisiana, Alabama, and Texas and to establish a joint interstate commission to assist in this effort. 

C.S.H.B. 646 establishes that the compact is to become effective whenever the four party states have ratified it and the Congress of the United States has given consent to it. The bill provides that any state that is contiguous with a party state may become a party to the compact, subject to the approval of the legislature of each party state. The bill makes the compact continue in force and remain binding on each party state until the legislature or governor of a party state takes action to withdraw from the compact. The bill specifies that any withdrawal is not effective until six months after the date of the withdrawal action. The bill requires notice of withdrawal to be given to the other party states by the secretary of state of the withdrawing party state.

C.S.H.B. 646 provides that the party states establish and create a joint agency known as the Southern High-Speed Rail Commission. The bill establishes that membership of the commission consists of one representative from the Mississippi Energy and Transportation Board or its successor, one representative from the Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development or its successor, one representative from the Alabama Department of Energy or its successor, one representative from the Texas Department of Transportation, and five citizens from each party state appointed by the governor of that state. The bill establishes a four-year term for each appointed member of the commission, and it requires a vacancy on the commission to be filled for the unexpired portion of the term by the governor of the party state that appointed the member. The bill specifies that a member is not entitled to compensation for service on the commission but is entitled to reimbursement for reasonable expenses incurred in performing commission duties.

C.S.H.B. 646 requires the commission to hold regular quarterly meetings and such special meetings as its business may require. The bill requires the commission to select a chairman and vice chairman, and it requires the chairmanship to rotate annually among the party states in the order of ratification of the compact. The bill requires the commission to adopt rules and regulations for the transaction of its business and to keep a record of all business. The bill requires the commission to study the feasibility of providing interstate rapid rail transit service between the party states, and it authorizes the commission to hold hearings; conduct studies and surveys of the problems, benefits, and other matters associated with the provision of interstate rapid rail transit service and make reports on this activity; acquire by gift, grant, or otherwise from local, state, federal, or private sources money or property to be used for the business of the commission and to hold and dispose of this money; cooperate with public or private groups having an interest in interstate rapid rail transit service; adopt and implement plans and policies for emphasizing the purpose of the compact before congress and other appropriate officers and agencies of the United States; and exercise any other powers as may be appropriate to accomplish the purposes of the compact.

C.S.H.B. 646 establishes that each party state agrees that its legislature may make available and pay funds to the commission for the establishment and operation of the commission. The bill requires the contribution of each party to be in equal amounts, if possible, and specifies that nothing in this article of the compact is to be construed as binding the legislature of any party state to make an appropriation of a particular amount at any time.

C.S.H.B. 646 specifies the provisions of the compact are not to be construed to conflict with any existing statute, repeal or prevent legislation, or affect any existing or future cooperative agreement or relationship between any federal agency and a party state.

C.S.H.B. 646 grants to the governor, to the members of the commission, and to the compact administrator all the powers provided for in the compact and it specifies that all officers of the State of Texas are authorized and directed to perform any actions in their respective jurisdictions that are necessary to carrying out the purpose of the compact.

C.S.H.B. 646 defines "commission" and "party state."

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 646 adds a provision not in the original to specify that the purpose of the compact is to implement Pub. L. No. 97-213.

C.S.H.B. 646 removes a provision from the original including the governor of each party state in the membership of the Southern High-Speed Rail Commission.