By: Darby (Senate Sponsor - Williams) H.B. No. 1750
(In the Senate - Received from the House April 27, 2011;
May 3, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 19, 2011, reported
favorably by the following vote: Yeas 9, Nays 0; May 19, 2011,
sent to printer.)
A BILL TO BE ENTITLED
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.
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