Texas 2011 - 82nd Regular

Texas Senate Bill SB1578 Compare Versions

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1	1	By: Williams S.B. No. 1578
2	2	(Deshotel)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the addition of a county to a freight rail district.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter B, Chapter 171,
10	10	Transportation Code, is amended to read as follows:
11	11	SUBCHAPTER B. CREATION; ADDITION OF COUNTY TO DISTRICT
12	12	SECTION 2. Section 171.054, Transportation Code, is amended
13	13	to read as follows:
14	14	Sec. 171.054. DISTRICT TERRITORY. The district consists of
15	15	the territory of:
16	16	(1) each county that created the district;
17	17	(2) each county added to the district under Section
18	18	171.055; and
19	19	(3) the territory of the most populous municipality in
20	20	the most populous county if that municipality's territory is
21	21	located in more than one county.
22	22	SECTION 3. Subchapter B, Chapter 171, Transportation Code,
23	23	is amended by adding Section 171.055 to read as follows:
24	24	Sec. 171.055. ADDITION OF COUNTY TO DISTRICT. (a) A
25	25	county may be added to a district if:
26	26	(1) the county is adjacent to a county with a
27	27	population of 3.3 million or more that created the district; or
28	28	(2) the county:
29	29	(A) is adjacent to a county that is added to the
30	30	district under Subdivision (1); and
31	31	(B) contains a navigation district.
32	32	(b) The following governing bodies must by joint resolution
33	33	approve the addition of the county to the district:
34	34	(1) the commissioners court of the county to be added
35	35	to the district;
36	36	(2) the commissioners court of each county in the
37	37	district; and
38	38	(3) the governing body of the most populous
39	39	municipality in the most populous county in the district.
40	40	(c) The resolution must include the number of directors the
41	41	new county will have on the board.
42	42	(d) On adoption of the resolution by each commissioners
43	43	court and the governing body of the municipality, the county is
44	44	added to the district.
45	45	SECTION 4. Section 171.101, Transportation Code, is amended
46	46	to read as follows:
47	47	Sec. 171.101. COMPOSITION OF BOARD; PRESIDING OFFICER.
48	48	(a) The board consists of directors, including a presiding
49	49	officer, as provided in the order or ordinance creating the
50	50	district under Section 171.052(b).
51	51	(b) The board shall add directors for each county added to
52	52	the district as provided in the joint resolution adding the county
53	53	under Section 171.055.
54	54	SECTION 5. Section 171.152, Transportation Code, is amended
55	55	to read as follows:
56	56	Sec. 171.152. GENERAL CONTRACT POWERS. A district may
57	57	contract with any person, including:
58	58	(1) a county or municipality, including a county or
59	59	municipality that is a member of [created] the district;
60	60	(2) this state or any political subdivision of this
61	61	state;
62	62	(3) the United States; or
63	63	(4) a railroad.
64	64	SECTION 6. Subsection (a), Section 171.301, Transportation
65	65	Code, is amended to read as follows:
66	66	(a) A county or municipality that is a member of [created]
67	67	the district may petition the board for approval to withdraw from
68	68	the district. The board may approve the petition only if:
69	69	(1) the district has no outstanding bonds; or
70	70	(2) the district has debt other than bonds and the
71	71	board finds that the withdrawal of the county or municipality will
72	72	not materially affect the ability of the district to repay the debt.
73	73	SECTION 7. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2011.