By: Williams S.B. No. 1578
(Deshotel)
A BILL TO BE ENTITLED
AN ACT
relating to the addition of a county to a freight rail district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 171,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. CREATION; ADDITION OF COUNTY TO DISTRICT
SECTION 2. Section 171.054, Transportation Code, is amended
to read as follows:
Sec. 171.054. DISTRICT TERRITORY. The district consists of
the territory of:
(1) each county that created the district;
(2) each county added to the district under Section
171.055; and
(3) the territory of the most populous municipality in
the most populous county if that municipality's territory is
located in more than one county.
SECTION 3. Subchapter B, Chapter 171, Transportation Code,
is amended by adding Section 171.055 to read as follows:
Sec. 171.055. ADDITION OF COUNTY TO DISTRICT. (a) A
county may be added to a district if:
(1) the county is adjacent to a county with a
population of 3.3 million or more that created the district; or
(2) the county:
(A) is adjacent to a county that is added to the
district under Subdivision (1); and
(B) contains a navigation district.
(b) The following governing bodies must by joint resolution
approve the addition of the county to the district:
(1) the commissioners court of the county to be added
to the district;
(2) the commissioners court of each county in the
district; and
(3) the governing body of the most populous
municipality in the most populous county in the district.
(c) The resolution must include the number of directors the
new county will have on the board.
(d) On adoption of the resolution by each commissioners
court and the governing body of the municipality, the county is
added to the district.
SECTION 4. Section 171.101, Transportation Code, is amended
to read as follows:
Sec. 171.101. COMPOSITION OF BOARD; PRESIDING OFFICER.
(a) The board consists of directors, including a presiding
officer, as provided in the order or ordinance creating the
district under Section 171.052(b).
(b) The board shall add directors for each county added to
the district as provided in the joint resolution adding the county
under Section 171.055.
SECTION 5. Section 171.152, Transportation Code, is amended
to read as follows:
Sec. 171.152. GENERAL CONTRACT POWERS. A district may
contract with any person, including:
(1) a county or municipality, including a county or
municipality that is a member of [created] the district;
(2) this state or any political subdivision of this
state;
(3) the United States; or
(4) a railroad.
SECTION 6. Subsection (a), Section 171.301, Transportation
Code, is amended to read as follows:
(a) A county or municipality that is a member of [created]
the district may petition the board for approval to withdraw from
the district. The board may approve the petition only if:
(1) the district has no outstanding bonds; or
(2) the district has debt other than bonds and the
board finds that the withdrawal of the county or municipality will
not materially affect the ability of the district to repay the debt.
SECTION 7. 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.