H.B. No. 1750
 
 
 
 
AN ACT
  relating to the authority of the Texas Department of Transportation
  to lease and contract for the operation of rolling stock during
  certain emergencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 91.071(b), Transportation Code, is
  amended to read as follows:
         (b)  Except for money received from the Texas economic
  development bank fund under Section 489.102, Government Code, and
  except as provided by Section 91.106(j), the  department may not
  spend money from the general revenue fund to implement this chapter
  except pursuant to a line-item appropriation.
         SECTION 2.  Subchapter F, Chapter 91, Transportation Code,
  is amended by adding Section 91.106 to read as follows:
         Sec. 91.106.  OPERATIONS DURING CERTAIN EMERGENCIES.
  (a)  In this section, "director" means the executive director of
  the department.
         (b)  The director may issue an order authorizing the
  department to lease rolling stock and to contract with a qualified
  person or rail operator to operate rolling stock if:
               (1)  the director determines that a natural or man-made
  condition exists that threatens a department rail facility or the
  provision of safe and efficient rail services using a department
  rail facility; and
               (2)  the condition threatens health, life, or property
  in the affected area.
         (c)  An order issued under Subsection (b) takes effect
  according to the order's terms, but the order may not take effect
  until reasonable notice is given:
               (1)  in a newspaper of general circulation in the
  affected area;
               (2)  through television or radio serving the affected
  area; or
               (3)  by circulating notices or posting signs at
  conspicuous places in the affected area.
         (d)  An order issued under Subsection (b) must expire not
  later than the 30th day after the date the order is issued.
         (e)  The director may amend, modify, or rescind an order
  issued under Subsection (b) while the order is effective.
         (f)  The director may issue one or more successive orders as
  necessary to protect health, life, or property in the affected
  area. Each successive order must expire not later than the 30th day
  after the date the successive order is issued.
         (g)  The department may not use department employees to
  operate rolling stock.
         (h)  The department may enter into a contract authorized by
  an order issued under Subsection (b) for a period not to exceed 90
  days without using competitive bidding procedures otherwise
  required by law if the department attempts to negotiate with at
  least three qualified persons during the contracting process.
         (i)  Immediately after the department enters into a contract
  under this section, the department shall send a copy of the contract
  to the Legislative Budget Board.  On request of the Legislative
  Budget Board, the department may send the copy in an electronic
  format.
         (j)  The department may use any available funds to implement
  this section, including:
               (1)  the undedicated portion of the state highway fund;
  and
               (2)  any money appropriated to the department from the
  general revenue fund, regardless of whether there is a line-item
  appropriation for such a purpose.
         (k)  The department shall attempt to recover any state funds
  used by the department to implement this section.
         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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1750 was passed by the House on April
  26, 2011, by the following vote:  Yeas 145, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1750 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor