85R19578 JTS-F

By: Miller, Zerwas, Reynolds H.B. No. 2557

A BILL TO BE ENTITLED

AN ACT

relating to the development of certain local government transportation infrastructure projects; authorizing the issuance of bonds.

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

SECTION 1. Section 172.001, Transportation Code, is amended by adding Subdivision (4-a) and amending Subdivision (7) to read as follows:

(4-a) "Intelligent transportation system" means:

(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities:

(i) in proximity to, or within, an existing right-of-way on the state highway system; or

(ii) that connect land ports of entry to the state highway system;

(B) communications or information processing systems that improve the efficiency, security, or safety of freight movement on the state highway system, including improving the conveyance of freight on dedicated intelligent freight lanes; or

(C) a transportation facility or system that increases truck freight efficiencies in the boundaries of an intermodal facility or hub.

(7) "Rail facilities" means:

(A) passenger or freight rail facilities, including:

(i) tracks;

(ii) a rail line;

(iii) switching, signaling, or other operating equipment;

(iv) a depot;

(v) a locomotive;

(vi) rolling stock;

(vii) a maintenance facility; and

(viii) other real and personal property associated with a rail operation;

(B) an intermodal hub;

(C) an automated conveyor belt for the movement of freight;

(D) an intelligent transportation system that operates with or as part of facilities described by Paragraphs (A)-(C); or

(E) a system of facilities described by Paragraphs (A)-(D) [property, or an interest in that property, that the board determines is necessary or convenient to provide a rural rail transportation system; and

[(B) property or an interest necessary or convenient to acquire, provide, construct, enlarge, remodel, renovate, improve, furnish, use, or equip the system, including:

[(i) a right-of-way;

[(ii) an earthwork or structure, including clearing and grubbing of right-of-way, demolition of a structure, relocation of utilities, a pipeline, or any other obstacle in a right-of-way, stripping and stockpiling, removal of subsoil for embankment or spoil, a borrow pit, dressing and seeding of a slope, construction of a culvert, a road crossing, a bridge, restoration of a roadway, drainage within a right-of-way or along a road network, and restoration of a hydrologic system;

[(iii) trackwork;

[(iv) a train control, including signalling, interlocking equipment, speed monitoring equipment, an emergency braking system, a central traffic control facility, and a communication system;

[(v) a passenger or freight service building, terminal, or station, a ticketing facility, a waiting area, a platform, a concession, an elevator, an escalator, a facility for handicapped access, an access road, a parking facility for passengers, a baggage handling facility, a local maintenance facility, and offices for district purposes and includes an interest in real property necessary or convenient for an item listed under this subparagraph;

[(vi) rolling stock; and

[(vii) a maintenance facility].

SECTION 2. Subchapter E, Chapter 172, Transportation Code, is amended by adding Section 172.211 to read as follows:

Sec. 172.211. OTHER POWERS OF COUNTY, DISTRICT, AND NAVIGATION DISTRICT. (a) This section applies only to a county that:

(1) is adjacent to a county with a population of four million or more;

(2) has a population of 300,000 or more; and

(3) has created a district by concurrent order with an adjacent county pursuant to Section 172.052.

(b) A county acting through the commissioners court or a local government corporation may adopt an order that authorizes the county and a navigation district located wholly or partly in the county to:

(1) develop rail facilities as a qualifying project under Chapter 2267, Government Code; and

(2) issue bonds for rail facilities secured by a pledge of the revenues of the facilities, including contract revenue, grant revenue, or other revenue collected in connection with the facilities.

(c) If each county that created a district adopts an order described by Subsection (b), the district may exercise the powers described by that subsection.

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, 2017.