| 1 | 1 | | 85R9464 JXC-D |
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| 2 | 2 | | By: Ashby H.B. No. 2173 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a report by the Texas Department of Transportation and |
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| 8 | 8 | | the Legislative Budget Board on high-speed rail projects. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 111, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 111.005 to read as follows: |
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| 12 | 12 | | Sec. 111.005. REPORT ON HIGH-SPEED RAIL BY DEPARTMENT AND |
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| 13 | 13 | | LEGISLATIVE BUDGET BOARD. (a) In this section, "high-speed rail" |
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| 14 | 14 | | means intercity passenger rail service that is reasonably expected |
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| 15 | 15 | | to reach speeds of at least 110 miles per hour. |
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| 16 | 16 | | (b) A state senator or representative may submit a request |
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| 17 | 17 | | to the department for a report on a proposed high-speed rail |
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| 18 | 18 | | project. |
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| 19 | 19 | | (c) If the department receives a request under Subsection |
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| 20 | 20 | | (b), the department shall prepare a report on the proposed |
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| 21 | 21 | | high-speed rail project that includes: |
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| 22 | 22 | | (1) an assessment of whether the project serves a |
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| 23 | 23 | | public use, as described by Section 17, Article I, Texas |
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| 24 | 24 | | Constitution; |
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| 25 | 25 | | (2) an assessment of whether projected ridership |
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| 26 | 26 | | numbers are sufficient to provide the project with revenue that |
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| 27 | 27 | | will cover the maintenance and operation costs of the project; |
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| 28 | 28 | | (3) any projected changes to costs of local and state |
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| 29 | 29 | | transportation projects that could result from the project; |
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| 30 | 30 | | (4) any projected costs to communities near the |
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| 31 | 31 | | project that could result from the project; and |
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| 32 | 32 | | (5) any projected decreases in land value near the |
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| 33 | 33 | | project that could result from the project. |
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| 34 | 34 | | (d) The department shall collaborate with the Legislative |
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| 35 | 35 | | Budget Board on the financial issues in the report. |
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| 36 | 36 | | (e) Not later than the 45th day after the date the |
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| 37 | 37 | | department receives a request for a report, the department shall |
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| 38 | 38 | | hold at least one public hearing to receive public input on the |
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| 39 | 39 | | issues described by Subsection (c). |
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| 40 | 40 | | (f) After the department holds a public hearing, and not |
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| 41 | 41 | | later than the 90th day after the date the department receives a |
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| 42 | 42 | | request for a report, the department shall submit a preliminary |
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| 43 | 43 | | report to the governor, the lieutenant governor, and the speaker of |
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| 44 | 44 | | the house of representatives. |
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| 45 | 45 | | (g) Not earlier than the 30th day and not later than the 60th |
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| 46 | 46 | | day after the date the department submits the preliminary report, |
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| 47 | 47 | | the department shall publish a final report on the department's |
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| 48 | 48 | | Internet website. |
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| 49 | 49 | | (h) The department is not required to prepare more than one |
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| 50 | 50 | | report under this section for a particular high-speed rail project |
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| 51 | 51 | | per year. |
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| 52 | 52 | | (i) A party to a suit in which a private entity alleges that |
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| 53 | 53 | | the entity may use the power of eminent domain for a high-speed rail |
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| 54 | 54 | | project, regardless of whether the alleged power is statutorily |
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| 55 | 55 | | authorized, may submit a report described by this section on the |
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| 56 | 56 | | project as evidence of whether the project serves a public use, as |
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| 57 | 57 | | described by Section 17, Article I, Texas Constitution. |
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| 58 | 58 | | SECTION 2. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2017. |
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