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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Transportation |
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to lease and contract for the operation of rolling stock during |
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certain emergencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.071(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except for money received from the Texas economic |
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development bank fund under Section 489.102, Government Code, and |
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except as provided by Section 91.106(j), the department may not |
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spend money from the general revenue fund to implement this chapter |
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except pursuant to a line-item appropriation. |
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SECTION 2. Subchapter F, Chapter 91, Transportation Code, |
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is amended by adding Section 91.106 to read as follows: |
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Sec. 91.106. OPERATIONS DURING CERTAIN EMERGENCIES. |
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(a) In this section, "director" means the executive director of |
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the department. |
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(b) The director may issue an order authorizing the |
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department to lease rolling stock and to contract with a qualified |
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person or rail operator to operate rolling stock if: |
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(1) the director determines that a natural or man-made |
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condition exists that threatens a department rail facility or the |
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provision of safe and efficient rail services using a department |
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rail facility; and |
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(2) the condition threatens health, life, or property |
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in the affected area. |
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(c) An order issued under Subsection (b) takes effect |
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according to the order's terms, but the order may not take effect |
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until reasonable notice is given: |
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(1) in a newspaper of general circulation in the |
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affected area; |
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(2) through television or radio serving the affected |
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area; or |
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(3) by circulating notices or posting signs at |
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conspicuous places in the affected area. |
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(d) An order issued under Subsection (b) must expire not |
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later than the 30th day after the date the order is issued. |
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(e) The director may amend, modify, or rescind an order |
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issued under Subsection (b) while the order is effective. |
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(f) The director may issue one or more successive orders as |
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necessary to protect health, life, or property in the affected |
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area. Each successive order must expire not later than the 30th day |
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after the date the successive order is issued. |
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(g) The department may not use department employees to |
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operate rolling stock. |
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(h) The department may enter into a contract authorized by |
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an order issued under Subsection (b) for a period not to exceed 90 |
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days without using competitive bidding procedures otherwise |
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required by law if the department attempts to negotiate with at |
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least three qualified persons during the contracting process. |
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(i) Immediately after the department enters into a contract |
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under this section, the department shall send a copy of the contract |
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to the Legislative Budget Board. On request of the Legislative |
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Budget Board, the department may send the copy in an electronic |
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format. |
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(j) The department may use any available funds to implement |
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this section, including: |
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(1) the undedicated portion of the state highway fund; |
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and |
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(2) any money appropriated to the department from the |
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general revenue fund, regardless of whether there is a line-item |
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appropriation for such a purpose. |
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(k) The department shall attempt to recover any state funds |
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used by the department to implement this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |