Texas 2013 - 83rd Regular

Texas House Bill HB2580 Compare Versions

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1	1	83R926 JXC-D
2	2	By: Harper-Brown H.B. No. 2580
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of municipalities to create freight rail
8	8	districts that have the powers of rural rail transportation
9	9	districts; granting the power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 171, Transportation Code,
12	12	is amended to read as follows:
13	13	CHAPTER 171. FREIGHT RAIL DISTRICTS CREATED BY CERTAIN COUNTIES
14	14	SECTION 2. Subtitle I, Title 5, Transportation Code, is
15	15	amended by adding Chapter 171A to read as follows:
16	16	CHAPTER 171A. FREIGHT RAIL DISTRICTS CREATED BY MUNICIPALITIES
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 171A.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Bonds" has the meaning assigned by Section
21	21	172.001.
22	22	(3) "District" means a freight rail district created
23	23	under this chapter.
24	24	(4) "Rail facilities" has the meaning assigned by
25	25	Section 172.001, except that the term:
26	26	(A) includes property and interests necessary or
27	27	convenient for the provision of a nonrural rail transportation
28	28	system; and
29	29	(B) does not include facilities for passenger
30	30	rail service.
31	31	(5) "Revenue" has the meaning assigned by Section
32	32	172.001.
33	33	Sec. 171A.002. APPLICABILITY OF RURAL RAIL TRANSPORTATION
34	34	DISTRICTS LAW. (a) Except as provided by this chapter, the
35	35	provisions of Chapter 172 other than Sections 172.003 and 172.157
36	36	apply to a district as if the district were created under that
37	37	chapter.
38	38	(b) For purposes of applying Chapter 172 to a district
39	39	created under this chapter, a reference to "rail facilities" in
40	40	Chapter 172 means "rail facilities" as defined by Section 171A.001.
41	41	(c) For purposes of applying Chapter 172 to a district
42	42	created under this chapter:
43	43	(1) a reference in Chapter 172 to an eligible county
44	44	means the municipality that created the district; and
45	45	(2) a reference in Chapter 172 to the commissioners
46	46	court of an eligible county means the governing body of the
47	47	municipality that created the district.
48	48	[Sections 171A.003-171A.050 reserved for expansion]
49	49	SUBCHAPTER B. CREATION
50	50	Sec. 171A.051. CREATION BY MUNICIPALITY. (a) The
51	51	governing body of a municipality may by ordinance create a
52	52	district.
53	53	(b) The ordinance creating the district:
54	54	(1) must specify:
55	55	(A) the number of district directors and who
56	56	appoints the directors; and
57	57	(B) the method of selecting the board's presiding
58	58	officer; and
59	59	(2) may specify terms that are not expressly
60	60	inconsistent with this chapter.
61	61	Sec. 171A.052. DISTRICT TERRITORY. The boundaries of a
62	62	district must be coextensive with the boundaries of the
63	63	municipality that created the district.
64	64	[Sections 171A.053-171A.100 reserved for expansion]
65	65	SUBCHAPTER C. BOARD OF DIRECTORS
66	66	Sec. 171A.101. COMPOSITION OF BOARD; PRESIDING OFFICER.
67	67	The board consists of directors, including a presiding officer, as
68	68	provided in the ordinance creating the district under Section
69	69	171A.051(b).
70	70	Sec. 171A.102. EX OFFICIO NONVOTING DIRECTOR; TEXAS
71	71	TRANSPORTATION COMMISSION. The Texas Transportation Commission
72	72	may appoint to the board a representative to serve as an ex officio
73	73	nonvoting director.
74	74	Sec. 171A.103. CONFLICT OF INTEREST. Chapter 171, Local
75	75	Government Code, governs conflicts of interest for directors.
76	76	[Sections 171A.104-171A.150 reserved for expansion]
77	77	SUBCHAPTER D. POWERS AND DUTIES
78	78	Sec. 171A.151. REGIONAL MOBILITY AUTHORITY POWERS. A
79	79	district may exercise the transportation project powers of a
80	80	regional mobility authority under Chapter 370 for a transportation
81	81	project that is a freight rail facility.
82	82	Sec. 171A.152. GENERAL CONTRACT POWERS. A district may
83	83	contract with any person, including:
84	84	(1) a county or municipality;
85	85	(2) this state or any political subdivision of this
86	86	state;
87	87	(3) the United States; or
88	88	(4) a railroad.
89	89	Sec. 171A.153. EXERCISE OF POWERS IN COUNTIES. The
90	90	commissioners court of a county that contains or is adjacent to a
91	91	district may authorize the district to exercise its powers in that
92	92	county.
93	93	Sec. 171A.154. EMINENT DOMAIN. (a) A district may exercise
94	94	the power of eminent domain to acquire:
95	95	(1) land in fee simple; or
96	96	(2) any interest less than fee simple in, on, under, or
97	97	above land, including an easement, right-of-way, or right of use of
98	98	airspace or subsurface space.
99	99	(b) A district may not exercise the power of eminent domain:
100	100	(1) in a manner that would unduly interfere with
101	101	interstate commerce; or
102	102	(2) to condemn a right-of-way owned by a railroad.
103	103	(c) An eminent domain proceeding brought by a district is
104	104	governed by Section 172.159(b) and Chapter 21, Property Code,
105	105	except to the extent inconsistent with this chapter.
106	106	(d) An eminent domain proceeding is begun by the board's
107	107	adoption of a resolution declaring that the district's acquisition
108	108	of the property or interest described in the resolution:
109	109	(1) is a public necessity; and
110	110	(2) is necessary and proper for the construction,
111	111	extension, improvement, or development of rail facilities and is in
112	112	the public interest.
113	113	(e) The resolution is conclusive evidence of the public
114	114	necessity of the proposed acquisition and that the real property or
115	115	interest in property is necessary for public use.
116	116	[Sections 171A.155-171A.200 reserved for expansion]
117	117	SUBCHAPTER E. RELATIONSHIP BETWEEN DISTRICT AND AFFECTED RAILROADS
118	118	Sec. 171A.201. AGREEMENT WITH RAILROAD. (a) Before a
119	119	district may undertake a freight rail project that materially
120	120	affects the tracks, facilities, or other property of a railroad
121	121	that owns track in the district, the district and railroad must
122	122	enter into a written agreement regarding the scope, operational
123	123	impact, financing, and other elements of the project. The district
124	124	may not undertake the project unless the district and the railroad
125	125	agree on these terms.
126	126	(b) The agreement may include provisions for the railroad's
127	127	financial participation in the project according to the benefits
128	128	the railroad derives from the project.
129	129	Sec. 171A.202. PRESERVATION OF REGULATORY STRUCTURE AND
130	130	OWNERSHIP RIGHTS. A district project may be conducted only in a
131	131	manner that preserves the existing rail industry regulatory
132	132	structure and railroad ownership rights.
133	133	Sec. 171A.203. COMPETITIVE RELATIONSHIPS. A district may
134	134	not undertake a project that changes the existing competitive
135	135	relationships between and among railroads.
136	136	Sec. 171A.204. SERVICE TO CUSTOMERS. A district may not
137	137	undertake a project that negatively affects a railroad's present or
138	138	future ability to provide consistent service to its customers.
139	139	Sec. 171A.205. USE OF DISTRICT RAIL FACILITIES. This
140	140	chapter does not prohibit a district from authorizing multiple
141	141	freight railroads to operate on district rail facilities.
142	142	Sec. 171A.206. EXCEPTION; GRADE SEPARATION PROJECTS. This
143	143	subchapter does not apply to a rail-roadway or rail-rail grade
144	144	separation project.
145	145	[Sections 171A.207-171A.250 reserved for expansion]
146	146	SUBCHAPTER F. FINANCIAL PROVISIONS
147	147	Sec. 171A.251. PLEDGE OF REVENUE. A district may secure and
148	148	pledge revenue derived from any source to secure the payment of
149	149	district bonds.
150	150	Sec. 171A.252. PURCHASE CONTRACTS. Subchapter O, Chapter
151	151	60, Water Code, applies to a district as if the district were a
152	152	navigation district under that subchapter. For the purposes of
153	153	applying that subchapter to the district under this section,
154	154	"commission" means the board.
155	155	Sec. 171A.253. AD VALOREM AND SALES AND USE TAXES
156	156	PROHIBITED. A district may not impose an ad valorem tax or a sales
157	157	and use tax.
158	158	Sec. 171A.254. FEES CHARGED TO RAILROADS. (a) A district
159	159	may not impose a fee or other charge on a railroad unless the
160	160	railroad agrees to the fee or other charge.
161	161	(b) This section does not prohibit a railroad from
162	162	voluntarily contributing to the cost of rail facilities or prohibit
163	163	the district from charging for the use of a rail facility by a
164	164	railroad or other person.
165	165	Sec. 171A.255. PORT TERMINAL RAILROAD ASSOCIATION RAIL
166	166	FACILITIES. A district may not spend money, including money from
167	167	state or federal grants, to purchase a rail facility operated by a
168	168	port terminal railroad.
169	169	[Sections 171A.256-171A.300 reserved for expansion]
170	170	SUBCHAPTER G. DISSOLUTION
171	171	Sec. 171A.301. DISSOLUTION. In addition to the dissolution
172	172	procedures provided by Chapter 172, the board may dissolve a
173	173	district if:
174	174	(1) all district liabilities have been paid or
175	175	adequate provision has been made for the payment of all
176	176	liabilities;
177	177	(2) the district is not a party to any lawsuits or
178	178	adequate provision has been made for the satisfaction of any
179	179	judgment or order that may be entered against the district in a
180	180	lawsuit to which the district is a party; and
181	181	(3) the district has commitments from other
182	182	governmental entities to assume jurisdiction of all district rail
183	183	facilities.
184	184	SECTION 3. (a) Section 171A.154, Transportation Code, as
185	185	added by Section 2 of this Act, takes effect only if this Act
186	186	receives a two-thirds vote of all the members elected to each house.
187	187	(b) If this Act does not receive a two-thirds vote of all the
188	188	members elected to each house, Subchapter D, Chapter 171A,
189	189	Transportation Code, as added by Section 2 of this Act, is amended
190	190	by adding Section 171A.154 to read as follows:
191	191	Sec. 171A.154. NO EMINENT DOMAIN POWER. The district may
192	192	not exercise the power of eminent domain.
193	193	(c) This section is not intended to be an expression of a
194	194	legislative interpretation of the requirements of Section 17(c),
195	195	Article I, Texas Constitution.
196	196	SECTION 4. Except as provided by Section 3 of this Act, this
197	197	Act takes effect September 1, 2013.