By: Miller, Zerwas, Reynolds H.B. No. 2557
        (Senate Sponsor - Kolkhorst)
         (In the Senate - Received from the House May 15, 2017;
  May 15, 2017, read first time and referred to Committee on
  Transportation; May 17, 2017, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
 
 
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.
 
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