| 1 | 1 | | 82R17113 NAJ-D |
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| 2 | 2 | | By: Deshotel H.B. No. 557 |
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| 3 | 3 | | Substitute the following for H.B. No. 557: |
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| 4 | 4 | | By: Davis of Dallas C.S.H.B. No. 557 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the addition of a county to a freight rail district. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Subchapter B, Chapter 171, |
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| 12 | 12 | | Transportation Code, is amended to read as follows: |
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| 13 | 13 | | SUBCHAPTER B. CREATION; ADDITION OF COUNTY TO DISTRICT |
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| 14 | 14 | | SECTION 2. Section 171.054, Transportation Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | Sec. 171.054. DISTRICT TERRITORY. The district consists of |
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| 17 | 17 | | the territory of: |
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| 18 | 18 | | (1) each county that created the district; |
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| 19 | 19 | | (2) each county added to the district under Section |
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| 20 | 20 | | 171.055; and |
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| 21 | 21 | | (3) the territory of the most populous municipality in |
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| 22 | 22 | | the most populous county if that municipality's territory is |
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| 23 | 23 | | located in more than one county. |
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| 24 | 24 | | SECTION 3. Subchapter B, Chapter 171, Transportation Code, |
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| 25 | 25 | | is amended by adding Section 171.055 to read as follows: |
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| 26 | 26 | | Sec. 171.055. ADDITION OF COUNTY TO DISTRICT. (a) A county |
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| 27 | 27 | | may be added to a district if: |
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| 28 | 28 | | (1) the county is adjacent to a county with a |
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| 29 | 29 | | population of 3.3 million or more that created the district; or |
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| 30 | 30 | | (2) the county: |
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| 31 | 31 | | (A) is adjacent to a county that is added to the |
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| 32 | 32 | | district under Subdivision (1); and |
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| 33 | 33 | | (B) contains a navigation district. |
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| 34 | 34 | | (b) The following governing bodies must by joint resolution |
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| 35 | 35 | | approve the addition of the county to the district: |
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| 36 | 36 | | (1) the commissioners court of the county to be added |
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| 37 | 37 | | to the district; |
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| 38 | 38 | | (2) the commissioners court of each county in the |
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| 39 | 39 | | district; and |
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| 40 | 40 | | (3) the governing body of the most populous |
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| 41 | 41 | | municipality in the most populous county in the district. |
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| 42 | 42 | | (c) The resolution must include the number of directors the |
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| 43 | 43 | | new county will have on the board. |
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| 44 | 44 | | (d) On adoption of the resolution by each commissioners |
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| 45 | 45 | | court and the governing body of the municipality, the county is |
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| 46 | 46 | | added to the district. |
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| 47 | 47 | | SECTION 4. Section 171.101, Transportation Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | Sec. 171.101. COMPOSITION OF BOARD; PRESIDING OFFICER. (a) |
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| 50 | 50 | | The board consists of directors, including a presiding officer, as |
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| 51 | 51 | | provided in the order or ordinance creating the district under |
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| 52 | 52 | | Section 171.052(b). |
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| 53 | 53 | | (b) The board shall add directors for each county added to |
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| 54 | 54 | | the district as provided in the joint resolution adding the county |
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| 55 | 55 | | under Section 171.055. |
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| 56 | 56 | | SECTION 5. Section 171.152, Transportation Code, is amended |
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| 57 | 57 | | to read as follows: |
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| 58 | 58 | | Sec. 171.152. GENERAL CONTRACT POWERS. A district may |
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| 59 | 59 | | contract with any person, including: |
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| 60 | 60 | | (1) a county or municipality, including a county or |
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| 61 | 61 | | municipality that is a member of [created] the district; |
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| 62 | 62 | | (2) this state or any political subdivision of this |
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| 63 | 63 | | state; |
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| 64 | 64 | | (3) the United States; or |
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| 65 | 65 | | (4) a railroad. |
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| 66 | 66 | | SECTION 6. Section 171.301(a), Transportation Code, is |
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| 67 | 67 | | amended to read as follows: |
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| 68 | 68 | | (a) A county or municipality that is a member of [created] |
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| 69 | 69 | | the district may petition the board for approval to withdraw from |
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| 70 | 70 | | the district. The board may approve the petition only if: |
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| 71 | 71 | | (1) the district has no outstanding bonds; or |
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| 72 | 72 | | (2) the district has debt other than bonds and the |
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| 73 | 73 | | board finds that the withdrawal of the county or municipality will |
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| 74 | 74 | | not materially affect the ability of the district to repay the debt. |
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| 75 | 75 | | SECTION 7. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2011. |
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