81R25380 E
By: Hughes H.B. No. 646
Substitute the following for H.B. No. 646:
By: Pickett C.S.H.B. No. 646
A BILL TO BE ENTITLED
AN ACT
relating to the participation of this state in the Southern
High-Speed Rail Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle K, Title 6, Transportation Code, is
amended by adding Chapter 462 to read as follows:
CHAPTER 462. SOUTHERN HIGH-SPEED RAIL COMPACT
Sec. 462.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Southern High-Speed Rail
Commission.
(2) "Party state" means a state that is a party to the
compact under this chapter.
Sec. 462.002. EXECUTION AND TEXT OF COMPACT. The governor,
on behalf of this state, is hereby authorized to execute a compact
in substantially the following form with the states of Mississippi,
Louisiana, and Alabama, and the legislature hereby signifies in
advance its approval and ratification of such compact, as follows:
SOUTHERN HIGH-SPEED RAIL COMPACT
ARTICLE I. PURPOSE
The purpose of this compact is to implement Pub. L. No.
97-213, including the conduct of a study of the feasibility of rapid
rail transit service between the states of Mississippi, Louisiana,
Alabama, and Texas and to establish a joint interstate commission
to assist in this effort.
ARTICLE II. EFFECTIVE DATE; DURATION
(a) This compact shall become effective immediately as to
the states ratifying it whenever the states of Mississippi,
Louisiana, Alabama, and Texas have ratified it and Congress has
given consent to it. Any state not mentioned in this article that
is contiguous with any party state may become a party to this
compact, subject to the approval of the legislature of each party
state.
(b) This compact shall continue in force and remain binding
on each party state until the legislature or governor of a party
state takes action to withdraw from the compact. However, any
withdrawal from the compact is not effective until six months after
the date of the action taken by the legislature or governor to
withdraw. Notice of withdrawal shall be given to the other party
states by the secretary of state of the withdrawing party state.
ARTICLE III. SOUTHERN HIGH-SPEED RAIL COMMISSION; APPOINTMENT;
MEMBERSHIP
(a) The party states through this compact establish and
create a joint agency known as the Southern High-Speed Rail
Commission.
(b) The membership of the commission consists of:
(1) one representative each from:
(A) the Mississippi Energy and Transportation
Board, or its successor;
(B) the Office of Aviation and Public
Transportation of the Louisiana Department of Transportation and
Development, or its successor;
(C) the Alabama Department of Energy, or its
successor; and
(D) the Texas Department of Transportation; and
(2) five citizens from each party state, appointed by
the governor of the party state.
(c) An appointed member of the commission serves a four-year
term.
(d) A vacancy on the commission shall be filled for the
unexpired portion of the term by the governor of the party state
that appointed the member whose position becomes vacant.
(e) A member is not entitled to compensation for service on
the commission but is entitled to reimbursement for reasonable
expenses the member incurs in performing commission duties.
ARTICLE IV. SOUTHERN HIGH-SPEED RAIL COMMISSION; POWERS AND DUTIES
(a) The commission shall hold regular quarterly meetings
and such special meetings as its business may require.
(b) The members of the commission shall choose a chairman
and vice chairman. The chairmanship shall rotate annually among
the party states in the order of ratification of the compact.
(c) The commission shall adopt rules and regulations for the
transaction of its business and keep a record of all business.
(d) The commission shall study the feasibility of providing
interstate rapid rail transit service between the party states. To
facilitate this duty, the commission may:
(1) hold hearings;
(2) conduct studies and surveys of the problems,
benefits, and other matters associated with the provision of
interstate rapid rail transit service;
(3) make reports on an activity conducted under
Subdivision (2);
(4) acquire by gift, grant, or otherwise from local,
state, federal, or private sources money or property to be used for
the business of the commission;
(5) hold and dispose of money or property acquired
under Subdivision (4);
(6) cooperate with public or private groups having an
interest in interstate rapid rail transit service;
(7) adopt and implement plans and policies for
emphasizing the purpose of this compact before the Congress of the
United States and other appropriate officers and agencies of the
United States; and
(8) exercise any other powers as may be appropriate to
accomplish the purposes of this compact.
ARTICLE V. FUNDING
Each party state agrees that its legislature may in its
discretion make available and pay to the commission funds for the
establishment and operation of the commission. The contribution of
each party state shall be in equal amounts, if possible. Nothing in
this article shall be construed as binding the legislature of any
party state to make an appropriation of a particular amount at any
time.
ARTICLE VI. CONFLICT OF LAWS
Nothing in this compact shall be construed to conflict with
any existing statute, repeal or prevent legislation, or affect any
existing or future cooperative agreement or relationship between
any federal agency and a party state.
ARTICLE VII. GRANT OF AUTHORITY
There is hereby granted to the governor, to the members of the
commission for Mississippi, Louisiana, Alabama, and Texas, and to
the compact administrator all the powers provided for in the
compact. All officers of the State of Texas are authorized and
directed to perform any actions in their respective jurisdictions
that are necessary to carrying out the purpose of the compact.
SECTION 2. This Act takes effect September 1, 2009.