Texas 2009 - 81st Regular

Texas House Bill HB646 Compare Versions

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1	1	H.B. No. 646
2	2
3	3
4	4	AN ACT
5	5	relating to the participation of this state in the Southern
6	6	High-Speed Rail Compact.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle K, Title 6, Transportation Code, is
9	9	amended by adding Chapter 462 to read as follows:
10	10	CHAPTER 462. SOUTHERN HIGH-SPEED RAIL COMPACT
11	11	Sec. 462.001. DEFINITIONS. In this chapter:
12	12	(1) "Commission" means the Southern High-Speed Rail
13	13	Commission.
14	14	(2) "Party state" means a state that is a party to the
15	15	compact under this chapter.
16	16	Sec. 462.002. EXECUTION AND TEXT OF COMPACT. The governor,
17	17	on behalf of this state, is hereby authorized to execute a compact
18	18	in substantially the following form with the states of Mississippi,
19	19	Louisiana, and Alabama, and the legislature hereby signifies in
20	20	advance its approval and ratification of such compact, as follows:
21	21	SOUTHERN HIGH-SPEED RAIL COMPACT
22	22	ARTICLE I. PURPOSE
23	23	The purpose of this compact is to implement Pub. L. No.
24	24	97-213, including the conduct of a study of the feasibility of rapid
25	25	rail transit service between the states of Mississippi, Louisiana,
26	26	Alabama, and Texas and to establish a joint interstate commission
27	27	to assist in this effort.
28	28	ARTICLE II. EFFECTIVE DATE; DURATION
29	29	(a) This compact shall become effective immediately as to
30	30	the states ratifying it whenever the states of Mississippi,
31	31	Louisiana, Alabama, and Texas have ratified it and Congress has
32	32	given consent to it. Any state not mentioned in this article that
33	33	is contiguous with any party state may become a party to this
34	34	compact, subject to the approval of the legislature of each party
35	35	state.
36	36	(b) This compact shall continue in force and remain binding
37	37	on each party state until the legislature or governor of a party
38	38	state takes action to withdraw from the compact. However, any
39	39	withdrawal from the compact is not effective until six months after
40	40	the date of the action taken by the legislature or governor to
41	41	withdraw. Notice of withdrawal shall be given to the other party
42	42	states by the secretary of state of the withdrawing party state.
43	43	ARTICLE III. SOUTHERN HIGH-SPEED RAIL COMMISSION; APPOINTMENT;
44	44	MEMBERSHIP
45	45	(a) The party states through this compact establish and
46	46	create a joint agency known as the Southern High-Speed Rail
47	47	Commission.
48	48	(b) The membership of the commission consists of:
49	49	(1) the governor of each party state or that governor's
50	50	designee;
51	51	(2) one representative each from:
52	52	(A) the Mississippi Energy and Transportation
53	53	Board, or its successor;
54	54	(B) the Office of Aviation and Public
55	55	Transportation of the Louisiana Department of Transportation and
56	56	Development, or its successor;
57	57	(C) the Alabama Department of Energy, or its
58	58	successor; and
59	59	(D) the Texas Department of Transportation; and
60	60	(3) five citizens from each party state, appointed by
61	61	the governor of the party state.
62	62	(c) The citizens appointed from the State of Texas must
63	63	reside in a federally designated high-speed rail corridor.
64	64	(d) An appointed member of the commission serves a four-year
65	65	term.
66	66	(e) A vacancy on the commission shall be filled for the
67	67	unexpired portion of the term by the governor of the party state
68	68	that appointed the member whose position becomes vacant.
69	69	(f) A member is not entitled to compensation for service on
70	70	the commission but is entitled to reimbursement for reasonable
71	71	expenses the member incurs in performing commission duties.
72	72	ARTICLE IV. SOUTHERN HIGH-SPEED RAIL COMMISSION; POWERS AND DUTIES
73	73	(a) The commission shall hold regular quarterly meetings
74	74	and such special meetings as its business may require.
75	75	(b) The members of the commission shall choose a chairman
76	76	and vice chairman. The chairmanship shall rotate annually among
77	77	the party states in the order of ratification of the compact.
78	78	(c) The commission shall adopt rules and regulations for the
79	79	transaction of its business and keep a record of all business.
80	80	(d) The commission shall study the feasibility of providing
81	81	interstate rapid rail transit service between the party states. To
82	82	facilitate this duty, the commission may:
83	83	(1) hold hearings;
84	84	(2) conduct studies and surveys of the problems,
85	85	benefits, and other matters associated with the provision of
86	86	interstate rapid rail transit service;
87	87	(3) make reports on an activity conducted under
88	88	Subdivision (2);
89	89	(4) acquire by gift, grant, or otherwise from local,
90	90	state, federal, or private sources money or property to be used for
91	91	the business of the commission;
92	92	(5) hold and dispose of money or property acquired
93	93	under Subdivision (4);
94	94	(6) cooperate with public or private groups having an
95	95	interest in interstate rapid rail transit service;
96	96	(7) adopt and implement plans and policies for
97	97	emphasizing the purpose of this compact before the Congress of the
98	98	United States and other appropriate officers and agencies of the
99	99	United States; and
100	100	(8) exercise any other powers as may be appropriate to
101	101	accomplish the purposes of this compact.
102	102	ARTICLE V. FUNDING
103	103	Each party state agrees that its legislature may in its
104	104	discretion make available and pay to the commission funds for the
105	105	establishment and operation of the commission. The contribution of
106	106	each party state shall be in equal amounts, if possible. Nothing in
107	107	this article shall be construed as binding the legislature of any
108	108	party state to make an appropriation of a particular amount at any
109	109	time.
110	110	ARTICLE VI. CONFLICT OF LAWS
111	111	Nothing in this compact shall be construed to conflict with
112	112	any existing statute, repeal or prevent legislation, or affect any
113	113	existing or future cooperative agreement or relationship between
114	114	any federal agency and a party state.
115	115	ARTICLE VII. GRANT OF AUTHORITY
116	116	There is hereby granted to the governor, to the members of the
117	117	commission for Mississippi, Louisiana, Alabama, and Texas, and to
118	118	the compact administrator all the powers provided for in the
119	119	compact. All officers of the State of Texas are authorized and
120	120	directed to perform any actions in their respective jurisdictions
121	121	that are necessary to carrying out the purpose of the compact.
122	122	SECTION 2. This Act takes effect September 1, 2009.
123	123	______________________________ ______________________________
124	124	President of the Senate Speaker of the House
125	125	I certify that H.B. No. 646 was passed by the House on May 1,
126	126	2009, by the following vote: Yeas 143, Nays 0, 1 present, not
127	127	voting.
128	128	______________________________
129	129	Chief Clerk of the House
130	130	I certify that H.B. No. 646 was passed by the Senate on May
131	131	26, 2009, by the following vote: Yeas 31, Nays 0.
132	132	______________________________
133	133	Secretary of the Senate
134	134	APPROVED: _____________________
135	135	Date
136	136	_____________________
137	137	Governor