BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1282

81R8828 SJM-F                                                                                                             By: Williams

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/27/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Since the authorizing statute of a commuter rail district does not specifically include a reference to its powers of a commuter rail district, the Gulf Coast Freight Rail District is having difficulty securing federal grants for the purpose of building a commuter rail district.  In addition, the districts cannot currently use money dedicated to them by local governments outside of the district though the project benefits the district.

 

As proposed,  S.B. 1282 clarifies that a freight rail district created under Chapter 171 (Freight Rail Districts), Transportation Code, has the powers to create a commuter rail  district. S.B. 1282 establishes that a freight rail district is authorized to use money paid to the district by a local government outside of the district if used for a public purpose of the local government and is authorized to use the money to secure debt.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 171.053, Transportation Code, as follows:

 

Sec.  171.053.  INTERMUNICIPAL COMMUTER RAIL DISTRICT POWERS.  Authorizes the governing bodies of the county or counties and of the most populous municipality in the most populous county to provide that the district is authorized to exercise the powers of an intermunicipal commuter rail district created under Article 6550c-1 (Intermunicipal Commuter Rail Districts), V.T.C.S., including the powers related to a commuter rail facility, by specifying in the concurrent order or ordinance creating the district that those powers are authorized to be exercised by the district.

 

SECTION 2.  Amends Subchapter F, Chapter 171, Transportation Code, by adding Section 171.256, as follows:

 

Sec.  171.256.  LOCAL GOVERNMENT FINANCING.  (a) Provides that Section 8(d), Article 6550c-1, V.T.C.S., does not apply to a district to which Section 171.053 applies.

 

(b) Authorizes a district to which Section 171.053 applies to use money paid to the district by a local government outside the territory of the local government if the money is used for a public purpose of the local government.

 

(c) Authorizes a district to which Section 171.053 applies to pledge money paid to the district by a local government to secure the payment of a district debt.

 

SECTION 3.  Effective date:  September 1, 2009.