By: Smith of Harris (Senate Sponsor - Williams) H.B. No. 2434

(In the Senate - Received from the House April 1, 2009; April 7, 2009, read first time and referred to Committee on Transportation and Homeland Security; April 16, 2009, reported favorably by the following vote: Yeas 8, Nays 0; April 16, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the supervision by the Texas Department of Transportation of money appropriated by the federal government for the construction and maintenance of rail facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 91.004(c), Transportation Code, is amended to read as follows:

(c) Subsection (b) does not apply to money appropriated or allocated:

(1) to a transit authority described by Chapter 451, a transportation authority described by Chapter 452 or 460, or a transit department described by Chapter 453; or

(2) for use by:

(A) a port authority or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; or

(B) a district created under:

(i) Chapter 171;

(ii) Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes);

(iii) Article 6550c-1, Revised Statutes; or

(iv) Article 6550c-3, Revised Statutes.

SECTION 2. The change in law made by this Act to Section 91.004(c), Transportation Code, applies only to money appropriated or allocated on or after the effective date of this Act. Money appropriated or allocated before the effective date of this Act is subject to the law in effect on that date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

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