82R1794 JAM-D
By: McClendon H.B. No. 377
A BILL TO BE ENTITLED
AN ACT
relating to the expenditure of money from the general revenue fund
for rail projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.036, Transportation Code, is amended
to read as follows:
Sec. 91.036. EXPENDITURE OF FUNDS. Subject to Sections
[Section] 91.071(b) and (c), the department may receive, accept,
and expend funds from this state, a federal agency, or other public
or private source for:
(1) rail planning;
(2) studies to determine the viability of a rail
facility for rail transportation service;
(3) studies to determine the necessity for the
department's acquisition or construction of a rail facility; and
(4) the acquisition, construction, maintenance, or
operation of a rail facility under this chapter, including the
assessment and remediation of environmental contamination existing
in or on a rail facility.
SECTION 2. Section 91.071, Transportation Code, is amended
to read as follows:
Sec. 91.071. FUNDING. (a) Subject to Subsections [Except
as provided in Subsection] (b) and (c), the department may use any
available funds to implement this chapter, including funds from the
state infrastructure bank.
(b) Except as provided by Subsection (c) [for money received
from the Texas economic development bank fund under Section
489.102, Government Code], the department may not spend money from
the general revenue fund to implement this chapter except pursuant
to a line-item appropriation.
(c) The department may spend money from the general revenue
fund to implement this chapter without the need for a line-item
appropriation if the money is:
(1) received from the Texas economic development bank
fund under Section 489.102, Government Code; or
(2) appropriated to the Texas rail relocation and
improvement fund.
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.