Texas 2021 - 87th Regular

Texas House Bill HB3633 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7168 DRS-F
2	2	By: Leman H.B. No. 3633
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing a High-Speed Rail Legislative Review
8	8	Committee; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle Z, Title 5, Transportation Code, is
11	11	amended by adding Chapter 195 to read as follows:
12	12	CHAPTER 195. HIGH-SPEED RAIL LEGISLATIVE REVIEW COMMITTEE
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 195.001. DEFINITIONS. In this chapter:
15	15	(1) "Authority" means the Texas High-Speed Rail
16	16	Authority.
17	17	(2) "Committee" means the High-Speed Rail Legislative
18	18	Review Committee.
19	19	(3) "High-speed rail" means intercity passenger rail
20	20	service that is reasonably expected to reach speeds of at least 110
21	21	miles per hour.
22	22	Sec. 195.002. LEGISLATIVE FINDINGS. The legislature finds
23	23	that:
24	24	(1) private property may be taken only for a public
25	25	purpose, as established in Section 17, Article I, Texas
26	26	Constitution;
27	27	(2) private property may be taken only by a
28	28	governmental entity or private entity that is authorized by law to
29	29	do so;
30	30	(3) there is no state law that gives or grants a
31	31	high-speed rail entity the authority to use eminent domain;
32	32	(4) in 1989, the Texas Legislature created the Texas
33	33	High-Speed Rail Authority, with the power to exercise the use of
34	34	eminent domain on behalf of a franchise; and
35	35	(5) the Texas High-Speed Rail Authority was abolished
36	36	in 1995.
37	37	Sec. 195.003. POLICY AND PURPOSE. (a) It is the policy of
38	38	this state and the purpose of this chapter to ensure that private
39	39	property is taken only for a public purpose as established in
40	40	Section 17, Article I, Texas Constitution, and that private
41	41	property is taken only by a governmental or private entity
42	42	authorized by law to do so.
43	43	(b) No entity has the right of eminent domain in this state
44	44	for the purpose of constructing a high-speed rail facility in this
45	45	state until a franchise is granted to the entity by an authority
46	46	created by the legislature of this state.
47	47	Sec. 195.004. CONFLICT OF LAWS. To the extent of any
48	48	conflict between this chapter or the exercise by the committee of a
49	49	power granted by this chapter and any statute, rule, charter,
50	50	order, resolution, or ordinance or the exercise by any other state
51	51	agency or any political subdivision of any power, this chapter and
52	52	the exercise of the powers of the committee control.
53	53	SUBCHAPTER B. HIGH-SPEED RAIL LEGISLATIVE REVIEW COMMITTEE
54	54	Sec. 195.051. HIGH-SPEED RAIL LEGISLATIVE REVIEW
55	55	COMMITTEE. The High-Speed Rail Legislative Review Committee is
56	56	established to review and consider the public convenience and
57	57	necessity of reestablishing the Texas High-Speed Rail Authority for
58	58	the use of eminent domain on behalf of a private entity to
59	59	construct, operate, and maintain a high-speed rail facility in this
60	60	state, should the authority determine that the award of a franchise
61	61	is authorized.
62	62	Sec. 195.052. COMMITTEE MEMBERSHIP. The committee consists
63	63	of the following six members:
64	64	(1) one state senator, appointed by the lieutenant
65	65	governor;
66	66	(2) one state senator serving a predominantly rural
67	67	area, appointed by the lieutenant governor;
68	68	(3) one state senator serving a predominantly urban
69	69	area, appointed by the lieutenant governor;
70	70	(4) one member of the house of representatives
71	71	appointed by the speaker of the house of representatives;
72	72	(5) one member of the house of representatives serving
73	73	a predominantly rural area, appointed by the speaker of the house of
74	74	representatives; and
75	75	(6) one member of the house of representatives serving
76	76	a predominantly urban area, appointed by the speaker of the house.
77	77	Sec. 195.053. PRESIDING OFFICERS. The lieutenant governor
78	78	and the speaker of the house of representatives shall each appoint
79	79	one member of the committee to act as co-presiding officers.
80	80	Sec. 195.054. TERMS. Committee members serve staggered
81	81	terms of two years.
82	82	Sec. 195.055. VACANCY. A committee member vacates the
83	83	member's position on the committee if the person ceases to hold the
84	84	underlying position that qualifies the member for service on the
85	85	committee. A vacancy in an appointed position is filled by the
86	86	lieutenant governor or speaker of the house of representatives, as
87	87	applicable, in the same manner as the original appointment.
88	88	Sec. 195.056. COMPENSATION. Service on the committee by a
89	89	committee member is considered legislative service for which the
90	90	committee member is entitled to reimbursement and other benefits in
91	91	the same manner and to the same extent as for other legislative
92	92	service.
93	93	SUBCHAPTER C. COMMITTEE POWERS AND DUTIES REGARDING APPLICATION
94	94	FOR HIGH-SPEED RAIL FRANCHISE
95	95	Sec. 195.101. RECEIPT OF LETTER AND FEE BY DEPARTMENT;
96	96	COMMITTEE MEETING INITIATED. (a) The department shall notify the
97	97	committee immediately upon receipt of a letter of intent to apply
98	98	for a franchise to build a high-speed rail project in this state and
99	99	the required fee.
100	100	(b) The committee shall meet only after the department
101	101	receives the letter and fee described by Subsection (a).
102	102	Sec. 195.102. ADOPTION OF RULES AND STANDARDS. (a) Not
103	103	later than the 180th day after the date the department receives an
104	104	application intent letter and required fee, the committee shall
105	105	adopt rules and standards to govern the applications for a
106	106	franchise and to ensure that a franchisee is financially and
107	107	technically capable of constructing and operating high-speed rail
108	108	facilities.
109	109	(b) In establishing criteria for the evaluation of the
110	110	technology proposed by applicants for a franchise, the committee
111	111	shall balance the relative values of proven technology and the
112	112	advantages of state-of-the-art technology that is likely to reach
113	113	maturity over the life of the franchise.
114	114	Sec. 195.103. COMMITTEE APPLICATION FEE. (a) After
115	115	setting the rules and standards required by Section 195.102, the
116	116	committee shall determine the amount of and impose an application
117	117	fee sufficient to cover all costs associated with processing the
118	118	application and making a determination as to whether to make a
119	119	recommendation to the legislature to re-create the Texas High-Speed
120	120	Rail Authority in order to make franchise decisions.
121	121	(b) All costs associated with the work of the committee must
122	122	be covered by the application fee set for the applicant.
123	123	Sec. 195.104. PUBLICATION OF APPLICATION IN TEXAS REGISTER.
124	124	(a) After receiving a completed application from the applicant as
125	125	determined by the committee, the committee may make a determination
126	126	as to whether the application merits publication in the Texas
127	127	Register.
128	128	(b) If the committee determines the application could
129	129	potentially receive a favorable recommendation, the application
130	130	shall be published for comment in the Texas Register.
131	131	Sec. 195.105. PUBLIC HEARING. After the comment period for
132	132	the application, the committee shall hold a public hearing with
133	133	public comments regarding the application.
134	134	Sec. 195.106. COMMITTEE RECOMMENDATION. After the public
135	135	hearing, the committee shall:
136	136	(1) adopt a detailed recommendation to the legislature
137	137	regarding the need to establish the authority to potentially award
138	138	a franchise; or
139	139	(2) inform the applicant that the committee has denied
140	140	the application for a recommendation to the legislature.
141	141	SUBCHAPTER D. OTHER COMMITTEE POWERS AND DUTIES
142	142	Sec. 195.151. ADDITIONAL COMMITTEE POWERS AND DUTIES. (a)
143	143	Subject to Section 195.101, the committee may hold public hearings,
144	144	formal meetings, and work sessions. Either co-presiding officer of
145	145	the committee may call a public hearing, formal meeting, or work
146	146	session of the committee at any time, subject to Section 195.101.
147	147	(b) The committee may not take formal action at a public
148	148	hearing, formal meeting, or work session unless a quorum of the
149	149	committee is present.
150	150	SECTION 2. This Act takes effect September 1, 2021.