87R7168 DRS-F
By: Leman H.B. No. 3633
A BILL TO BE ENTITLED
AN ACT
relating to establishing a High-Speed Rail Legislative Review
Committee; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 5, Transportation Code, is
amended by adding Chapter 195 to read as follows:
CHAPTER 195. HIGH-SPEED RAIL LEGISLATIVE REVIEW COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 195.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Texas High-Speed Rail
Authority.
(2) "Committee" means the High-Speed Rail Legislative
Review Committee.
(3) "High-speed rail" means intercity passenger rail
service that is reasonably expected to reach speeds of at least 110
miles per hour.
Sec. 195.002. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) private property may be taken only for a public
purpose, as established in Section 17, Article I, Texas
Constitution;
(2) private property may be taken only by a
governmental entity or private entity that is authorized by law to
do so;
(3) there is no state law that gives or grants a
high-speed rail entity the authority to use eminent domain;
(4) in 1989, the Texas Legislature created the Texas
High-Speed Rail Authority, with the power to exercise the use of
eminent domain on behalf of a franchise; and
(5) the Texas High-Speed Rail Authority was abolished
in 1995.
Sec. 195.003. POLICY AND PURPOSE. (a) It is the policy of
this state and the purpose of this chapter to ensure that private
property is taken only for a public purpose as established in
Section 17, Article I, Texas Constitution, and that private
property is taken only by a governmental or private entity
authorized by law to do so.
(b) No entity has the right of eminent domain in this state
for the purpose of constructing a high-speed rail facility in this
state until a franchise is granted to the entity by an authority
created by the legislature of this state.
Sec. 195.004. CONFLICT OF LAWS. To the extent of any
conflict between this chapter or the exercise by the committee of a
power granted by this chapter and any statute, rule, charter,
order, resolution, or ordinance or the exercise by any other state
agency or any political subdivision of any power, this chapter and
the exercise of the powers of the committee control.
SUBCHAPTER B. HIGH-SPEED RAIL LEGISLATIVE REVIEW COMMITTEE
Sec. 195.051. HIGH-SPEED RAIL LEGISLATIVE REVIEW
COMMITTEE. The High-Speed Rail Legislative Review Committee is
established to review and consider the public convenience and
necessity of reestablishing the Texas High-Speed Rail Authority for
the use of eminent domain on behalf of a private entity to
construct, operate, and maintain a high-speed rail facility in this
state, should the authority determine that the award of a franchise
is authorized.
Sec. 195.052. COMMITTEE MEMBERSHIP. The committee consists
of the following six members:
(1) one state senator, appointed by the lieutenant
governor;
(2) one state senator serving a predominantly rural
area, appointed by the lieutenant governor;
(3) one state senator serving a predominantly urban
area, appointed by the lieutenant governor;
(4) one member of the house of representatives
appointed by the speaker of the house of representatives;
(5) one member of the house of representatives serving
a predominantly rural area, appointed by the speaker of the house of
representatives; and
(6) one member of the house of representatives serving
a predominantly urban area, appointed by the speaker of the house.
Sec. 195.053. PRESIDING OFFICERS. The lieutenant governor
and the speaker of the house of representatives shall each appoint
one member of the committee to act as co-presiding officers.
Sec. 195.054. TERMS. Committee members serve staggered
terms of two years.
Sec. 195.055. VACANCY. A committee member vacates the
member's position on the committee if the person ceases to hold the
underlying position that qualifies the member for service on the
committee. A vacancy in an appointed position is filled by the
lieutenant governor or speaker of the house of representatives, as
applicable, in the same manner as the original appointment.
Sec. 195.056. COMPENSATION. Service on the committee by a
committee member is considered legislative service for which the
committee member is entitled to reimbursement and other benefits in
the same manner and to the same extent as for other legislative
service.
SUBCHAPTER C. COMMITTEE POWERS AND DUTIES REGARDING APPLICATION
FOR HIGH-SPEED RAIL FRANCHISE
Sec. 195.101. RECEIPT OF LETTER AND FEE BY DEPARTMENT;
COMMITTEE MEETING INITIATED. (a) The department shall notify the
committee immediately upon receipt of a letter of intent to apply
for a franchise to build a high-speed rail project in this state and
the required fee.
(b) The committee shall meet only after the department
receives the letter and fee described by Subsection (a).
Sec. 195.102. ADOPTION OF RULES AND STANDARDS. (a) Not
later than the 180th day after the date the department receives an
application intent letter and required fee, the committee shall
adopt rules and standards to govern the applications for a
franchise and to ensure that a franchisee is financially and
technically capable of constructing and operating high-speed rail
facilities.
(b) In establishing criteria for the evaluation of the
technology proposed by applicants for a franchise, the committee
shall balance the relative values of proven technology and the
advantages of state-of-the-art technology that is likely to reach
maturity over the life of the franchise.
Sec. 195.103. COMMITTEE APPLICATION FEE. (a) After
setting the rules and standards required by Section 195.102, the
committee shall determine the amount of and impose an application
fee sufficient to cover all costs associated with processing the
application and making a determination as to whether to make a
recommendation to the legislature to re-create the Texas High-Speed
Rail Authority in order to make franchise decisions.
(b) All costs associated with the work of the committee must
be covered by the application fee set for the applicant.
Sec. 195.104. PUBLICATION OF APPLICATION IN TEXAS REGISTER.
(a) After receiving a completed application from the applicant as
determined by the committee, the committee may make a determination
as to whether the application merits publication in the Texas
Register.
(b) If the committee determines the application could
potentially receive a favorable recommendation, the application
shall be published for comment in the Texas Register.
Sec. 195.105. PUBLIC HEARING. After the comment period for
the application, the committee shall hold a public hearing with
public comments regarding the application.
Sec. 195.106. COMMITTEE RECOMMENDATION. After the public
hearing, the committee shall:
(1) adopt a detailed recommendation to the legislature
regarding the need to establish the authority to potentially award
a franchise; or
(2) inform the applicant that the committee has denied
the application for a recommendation to the legislature.
SUBCHAPTER D. OTHER COMMITTEE POWERS AND DUTIES
Sec. 195.151. ADDITIONAL COMMITTEE POWERS AND DUTIES. (a)
Subject to Section 195.101, the committee may hold public hearings,
formal meetings, and work sessions. Either co-presiding officer of
the committee may call a public hearing, formal meeting, or work
session of the committee at any time, subject to Section 195.101.
(b) The committee may not take formal action at a public
hearing, formal meeting, or work session unless a quorum of the
committee is present.
SECTION 2. This Act takes effect September 1, 2021.