Bill Text: TX HB3633 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to establishing a High-Speed Rail Legislative Review Committee; authorizing a fee.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-03-30 - Left pending in committee [HB3633 Detail]
Download: Texas-2021-HB3633-Introduced.html
87R7168 DRS-F | ||
By: Leman | H.B. No. 3633 |
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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. |