| 1 | 1 | | By: Darby (Senate Sponsor - Williams) H.B. No. 1750 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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| 3 | 3 | | May 3, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Transportation and Homeland Security; May 19, 2011, reported |
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| 5 | 5 | | favorably by the following vote: Yeas 9, Nays 0; May 19, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the authority of the Texas Department of Transportation |
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| 12 | 12 | | to lease and contract for the operation of rolling stock during |
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| 13 | 13 | | certain emergencies. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 91.071(b), Transportation Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (b) Except for money received from the Texas economic |
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| 18 | 18 | | development bank fund under Section 489.102, Government Code, and |
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| 19 | 19 | | except as provided by Section 91.106(j), the department may not |
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| 20 | 20 | | spend money from the general revenue fund to implement this chapter |
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| 21 | 21 | | except pursuant to a line-item appropriation. |
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| 22 | 22 | | SECTION 2. Subchapter F, Chapter 91, Transportation Code, |
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| 23 | 23 | | is amended by adding Section 91.106 to read as follows: |
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| 24 | 24 | | Sec. 91.106. OPERATIONS DURING CERTAIN EMERGENCIES. |
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| 25 | 25 | | (a) In this section, "director" means the executive director of |
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| 26 | 26 | | the department. |
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| 27 | 27 | | (b) The director may issue an order authorizing the |
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| 28 | 28 | | department to lease rolling stock and to contract with a qualified |
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| 29 | 29 | | person or rail operator to operate rolling stock if: |
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| 30 | 30 | | (1) the director determines that a natural or man-made |
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| 31 | 31 | | condition exists that threatens a department rail facility or the |
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| 32 | 32 | | provision of safe and efficient rail services using a department |
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| 33 | 33 | | rail facility; and |
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| 34 | 34 | | (2) the condition threatens health, life, or property |
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| 35 | 35 | | in the affected area. |
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| 36 | 36 | | (c) An order issued under Subsection (b) takes effect |
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| 37 | 37 | | according to the order's terms, but the order may not take effect |
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| 38 | 38 | | until reasonable notice is given: |
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| 39 | 39 | | (1) in a newspaper of general circulation in the |
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| 40 | 40 | | affected area; |
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| 41 | 41 | | (2) through television or radio serving the affected |
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| 42 | 42 | | area; or |
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| 43 | 43 | | (3) by circulating notices or posting signs at |
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| 44 | 44 | | conspicuous places in the affected area. |
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| 45 | 45 | | (d) An order issued under Subsection (b) must expire not |
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| 46 | 46 | | later than the 30th day after the date the order is issued. |
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| 47 | 47 | | (e) The director may amend, modify, or rescind an order |
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| 48 | 48 | | issued under Subsection (b) while the order is effective. |
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| 49 | 49 | | (f) The director may issue one or more successive orders as |
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| 50 | 50 | | necessary to protect health, life, or property in the affected |
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| 51 | 51 | | area. Each successive order must expire not later than the 30th day |
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| 52 | 52 | | after the date the successive order is issued. |
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| 53 | 53 | | (g) The department may not use department employees to |
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| 54 | 54 | | operate rolling stock. |
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| 55 | 55 | | (h) The department may enter into a contract authorized by |
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| 56 | 56 | | an order issued under Subsection (b) for a period not to exceed 90 |
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| 57 | 57 | | days without using competitive bidding procedures otherwise |
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| 58 | 58 | | required by law if the department attempts to negotiate with at |
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| 59 | 59 | | least three qualified persons during the contracting process. |
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| 60 | 60 | | (i) Immediately after the department enters into a contract |
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| 61 | 61 | | under this section, the department shall send a copy of the contract |
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| 62 | 62 | | to the Legislative Budget Board. On request of the Legislative |
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| 63 | 63 | | Budget Board, the department may send the copy in an electronic |
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| 64 | 64 | | format. |
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| 65 | 65 | | (j) The department may use any available funds to implement |
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| 66 | 66 | | this section, including: |
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| 67 | 67 | | (1) the undedicated portion of the state highway fund; |
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| 68 | 68 | | and |
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| 69 | 69 | | (2) any money appropriated to the department from the |
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| 70 | 70 | | general revenue fund, regardless of whether there is a line-item |
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| 71 | 71 | | appropriation for such a purpose. |
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| 72 | 72 | | (k) The department shall attempt to recover any state funds |
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| 73 | 73 | | used by the department to implement this section. |
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| 74 | 74 | | SECTION 3. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2011. |
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| 79 | 79 | | * * * * * |
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