| 1 | 1 | | 82R1794 JAM-D |
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| 2 | 2 | | By: McClendon H.B. No. 377 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the expenditure of money from the general revenue fund |
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| 8 | 8 | | for rail projects. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 91.036, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 91.036. EXPENDITURE OF FUNDS. Subject to Sections |
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| 13 | 13 | | [Section] 91.071(b) and (c), the department may receive, accept, |
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| 14 | 14 | | and expend funds from this state, a federal agency, or other public |
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| 15 | 15 | | or private source for: |
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| 16 | 16 | | (1) rail planning; |
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| 17 | 17 | | (2) studies to determine the viability of a rail |
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| 18 | 18 | | facility for rail transportation service; |
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| 19 | 19 | | (3) studies to determine the necessity for the |
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| 20 | 20 | | department's acquisition or construction of a rail facility; and |
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| 21 | 21 | | (4) the acquisition, construction, maintenance, or |
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| 22 | 22 | | operation of a rail facility under this chapter, including the |
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| 23 | 23 | | assessment and remediation of environmental contamination existing |
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| 24 | 24 | | in or on a rail facility. |
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| 25 | 25 | | SECTION 2. Section 91.071, Transportation Code, is amended |
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| 26 | 26 | | to read as follows: |
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| 27 | 27 | | Sec. 91.071. FUNDING. (a) Subject to Subsections [Except |
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| 28 | 28 | | as provided in Subsection] (b) and (c), the department may use any |
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| 29 | 29 | | available funds to implement this chapter, including funds from the |
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| 30 | 30 | | state infrastructure bank. |
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| 31 | 31 | | (b) Except as provided by Subsection (c) [for money received |
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| 32 | 32 | | from the Texas economic development bank fund under Section |
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| 33 | 33 | | 489.102, Government Code], the department may not spend money from |
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| 34 | 34 | | the general revenue fund to implement this chapter except pursuant |
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| 35 | 35 | | to a line-item appropriation. |
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| 36 | 36 | | (c) The department may spend money from the general revenue |
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| 37 | 37 | | fund to implement this chapter without the need for a line-item |
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| 38 | 38 | | appropriation if the money is: |
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| 39 | 39 | | (1) received from the Texas economic development bank |
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| 40 | 40 | | fund under Section 489.102, Government Code; or |
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| 41 | 41 | | (2) appropriated to the Texas rail relocation and |
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| 42 | 42 | | improvement fund. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2011. |
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