Texas 2015 - 84th Regular

Texas House Bill HB1944 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R20346 JTS-F
2	2	By: Simmons H.B. No. 1944
3	3	Substitute the following for H.B. No. 1944:
4	4	By: Phillips C.S.H.B. No. 1944
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to coordinated county transportation authorities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 460, Transportation Code,
12	12	is amended by adding Section 460.1041 to read as follows:
13	13	Sec. 460.1041. LIABILITY LIMITED FOR RAIL SERVICES UNDER
14	14	CERTAIN AGREEMENTS. (a) This section applies only to public
15	15	passenger rail services provided:
16	16	(1) under an agreement between an authority created
17	17	before January 1, 2005, and a railroad for the provision of public
18	18	passenger rail services through the use of the railroad's
19	19	facilities; and
20	20	(2) on freight rail lines and rail rights-of-way that
21	21	are:
22	22	(A) located in the Interstate 35W/Interstate 35
23	23	corridor; or
24	24	(B) a northern extension of existing passenger
25	25	rail service provided by the authority in the Interstate 35E
26	26	corridor.
27	27	(b) The aggregate liability of an authority and a railroad
28	28	that enter into an agreement to provide public passenger rail
29	29	services, and the governing boards, directors, officers,
30	30	employees, and agents of the authority and railroad, may not exceed
31	31	$125 million for all claims for damages arising from a single
32	32	incident involving the provision of public passenger rail services
33	33	under the agreement.
34	34	(c) Subsection (b) does not affect:
35	35	(1) the amount of damages that may be recovered under
36	36	Subchapter D, Chapter 112, or the federal Employers' Liability Act
37	37	(45 U.S.C. Section 51 et seq.); or
38	38	(2) any immunity, limitation on damages, limitation on
39	39	actions, or other limitation of liability or protections applicable
40	40	under other law to an authority or other provider of public
41	41	passenger rail services.
42	42	(d) The limitation of liability provided by this section
43	43	does not apply to damages arising from the wilful misconduct or
44	44	gross negligence of the railroad.
45	45	(e) An authority shall obtain or cause to be obtained
46	46	insurance coverage for the aggregate liability stated in Subsection
47	47	(b) with the railroad as a named insured.
48	48	SECTION 2. Section 460.107(c), Transportation Code, is
49	49	amended to read as follows:
50	50	(c) If an authority, through the exercise of eminent domain,
51	51	makes any relocation necessary, [the] relocation assistance
52	52	[costs] shall be provided [paid] by the authority as provided by
53	53	Section 21.046, Property Code.
54	54	SECTION 3. Section 460.406(c), Transportation Code, is
55	55	amended to read as follows:
56	56	(c) The board of directors may authorize the negotiation of
57	57	a contract without competitive sealed bids or proposals if:
58	58	(1) the aggregate amount involved in the contract is
59	59	less than the greater of:
60	60	(A) $50,000 [or less]; or
61	61	(B) the amount of an expenditure under a contract
62	62	that would require a municipality to comply with Section
63	63	252.021(a), Local Government Code;
64	64	(2) the contract is for construction for which not
65	65	more than one bid or proposal is received;
66	66	(3) the contract is for services or property for which
67	67	there is only one source or for which it is otherwise impracticable
68	68	to obtain competition;
69	69	(4) the contract is to respond to an emergency for
70	70	which the public exigency does not permit the delay incident to the
71	71	competitive process;
72	72	(5) the contract is for personal or professional
73	73	services or services for which competitive bidding is precluded by
74	74	law;
75	75	(6) the contract, without regard to form and which may
76	76	include bonds, notes, loan agreements, or other obligations, is for
77	77	the purpose of borrowing money or is a part of a transaction
78	78	relating to the borrowing of money, including:
79	79	(A) a credit support agreement, such as a line or
80	80	letter of credit or other debt guaranty;
81	81	(B) a bond, note, debt sale or purchase, trustee,
82	82	paying agent, remarketing agent, indexing agent, or similar
83	83	agreement;
84	84	(C) an agreement with a securities dealer,
85	85	broker, or underwriter; and
86	86	(D) any other contract or agreement considered by
87	87	the board of directors to be appropriate or necessary in support of
88	88	the authority's financing activities;
89	89	(7) the contract is for work that is performed and paid
90	90	for by the day as the work progresses;
91	91	(8) the contract is for the lease or purchase of an
92	92	interest in land;
93	93	(9) the contract is for the purchase of personal
94	94	property sold:
95	95	(A) at an auction by a state licensed auctioneer;
96	96	(B) at a going out of business sale held in
97	97	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
98	98	or
99	99	(C) by a political subdivision of this state, a
100	100	state agency, or an entity of the federal government;
101	101	(10) the contract is for services performed by persons
102	102	who are blind or have severe disabilities [severely disabled
103	103	persons];
104	104	(11) the contract is for the purchase of electricity;
105	105	(12) the contract is one for an authority project and
106	106	awarded for alternate project delivery using the procedures under
107	107	Subchapters E, F, G, and I, Chapter 2269 [2267], Government Code[,
108	108	as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
109	109	Regular Session, 2011]; or
110	110	(13) the contract is for fare enforcement officer
111	111	services under Section 460.1092.
112	112	SECTION 4. (a) Section 460.1041, Transportation Code, as
113	113	added by this Act, applies only to a cause of action that accrues on
114	114	or after September 1, 2015.
115	115	(b) The change in law made by this Act to Section
116	116	460.107(c), Transportation Code, applies only to a condemnation
117	117	proceeding in which the petition is filed on or after September 1,
118	118	2015, and to any property condemned through the proceeding. A
119	119	condemnation proceeding in which the petition is filed before
120	120	September 1, 2015, and any property condemned through the
121	121	proceeding are governed by the law in effect immediately before the
122	122	effective date of this Act, and that law is continued in effect for
123	123	that purpose.
124	124	SECTION 5. This Act takes effect September 1, 2015.