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AN ACT
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relating to the participation of this state in the Southern |
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High-Speed Rail Compact. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 6, Transportation Code, is |
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amended by adding Chapter 462 to read as follows: |
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CHAPTER 462. SOUTHERN HIGH-SPEED RAIL COMPACT |
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Sec. 462.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Southern High-Speed Rail |
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Commission. |
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(2) "Party state" means a state that is a party to the |
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compact under this chapter. |
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Sec. 462.002. EXECUTION AND TEXT OF COMPACT. The governor, |
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on behalf of this state, is hereby authorized to execute a compact |
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in substantially the following form with the states of Mississippi, |
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Louisiana, and Alabama, and the legislature hereby signifies in |
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advance its approval and ratification of such compact, as follows: |
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SOUTHERN HIGH-SPEED RAIL COMPACT |
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ARTICLE I. PURPOSE |
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The purpose of this compact is to implement Pub. L. No. |
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97-213, including the conduct of a study of the feasibility of rapid |
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rail transit service between the states of Mississippi, Louisiana, |
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Alabama, and Texas and to establish a joint interstate commission |
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to assist in this effort. |
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ARTICLE II. EFFECTIVE DATE; DURATION |
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(a) This compact shall become effective immediately as to |
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the states ratifying it whenever the states of Mississippi, |
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Louisiana, Alabama, and Texas have ratified it and Congress has |
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given consent to it. Any state not mentioned in this article that |
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is contiguous with any party state may become a party to this |
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compact, subject to the approval of the legislature of each party |
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state. |
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(b) This compact shall continue in force and remain binding |
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on each party state until the legislature or governor of a party |
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state takes action to withdraw from the compact. However, any |
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withdrawal from the compact is not effective until six months after |
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the date of the action taken by the legislature or governor to |
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withdraw. Notice of withdrawal shall be given to the other party |
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states by the secretary of state of the withdrawing party state. |
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ARTICLE III. SOUTHERN HIGH-SPEED RAIL COMMISSION; APPOINTMENT; |
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MEMBERSHIP |
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(a) The party states through this compact establish and |
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create a joint agency known as the Southern High-Speed Rail |
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Commission. |
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(b) The membership of the commission consists of: |
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(1) the governor of each party state or that governor's |
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designee; |
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(2) one representative each from: |
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(A) the Mississippi Energy and Transportation |
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Board, or its successor; |
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(B) the Office of Aviation and Public |
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Transportation of the Louisiana Department of Transportation and |
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Development, or its successor; |
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(C) the Alabama Department of Energy, or its |
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successor; and |
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(D) the Texas Department of Transportation; and |
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(3) five citizens from each party state, appointed by |
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the governor of the party state. |
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(c) The citizens appointed from the State of Texas must |
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reside in a federally designated high-speed rail corridor. |
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(d) An appointed member of the commission serves a four-year |
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term. |
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(e) A vacancy on the commission shall be filled for the |
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unexpired portion of the term by the governor of the party state |
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that appointed the member whose position becomes vacant. |
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(f) A member is not entitled to compensation for service on |
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the commission but is entitled to reimbursement for reasonable |
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expenses the member incurs in performing commission duties. |
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ARTICLE IV. SOUTHERN HIGH-SPEED RAIL COMMISSION; POWERS AND DUTIES |
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(a) The commission shall hold regular quarterly meetings |
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and such special meetings as its business may require. |
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(b) The members of the commission shall choose a chairman |
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and vice chairman. The chairmanship shall rotate annually among |
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the party states in the order of ratification of the compact. |
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(c) The commission shall adopt rules and regulations for the |
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transaction of its business and keep a record of all business. |
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(d) The commission shall study the feasibility of providing |
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interstate rapid rail transit service between the party states. To |
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facilitate this duty, the commission may: |
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(1) hold hearings; |
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(2) conduct studies and surveys of the problems, |
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benefits, and other matters associated with the provision of |
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interstate rapid rail transit service; |
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(3) make reports on an activity conducted under |
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Subdivision (2); |
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(4) acquire by gift, grant, or otherwise from local, |
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state, federal, or private sources money or property to be used for |
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the business of the commission; |
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(5) hold and dispose of money or property acquired |
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under Subdivision (4); |
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(6) cooperate with public or private groups having an |
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interest in interstate rapid rail transit service; |
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(7) adopt and implement plans and policies for |
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emphasizing the purpose of this compact before the Congress of the |
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United States and other appropriate officers and agencies of the |
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United States; and |
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(8) exercise any other powers as may be appropriate to |
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accomplish the purposes of this compact. |
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ARTICLE V. FUNDING |
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Each party state agrees that its legislature may in its |
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discretion make available and pay to the commission funds for the |
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establishment and operation of the commission. The contribution of |
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each party state shall be in equal amounts, if possible. Nothing in |
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this article shall be construed as binding the legislature of any |
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party state to make an appropriation of a particular amount at any |
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time. |
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ARTICLE VI. CONFLICT OF LAWS |
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Nothing in this compact shall be construed to conflict with |
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any existing statute, repeal or prevent legislation, or affect any |
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existing or future cooperative agreement or relationship between |
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any federal agency and a party state. |
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ARTICLE VII. GRANT OF AUTHORITY |
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There is hereby granted to the governor, to the members of the |
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commission for Mississippi, Louisiana, Alabama, and Texas, and to |
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the compact administrator all the powers provided for in the |
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compact. All officers of the State of Texas are authorized and |
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directed to perform any actions in their respective jurisdictions |
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that are necessary to carrying out the purpose of the compact. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 646 was passed by the House on May 1, |
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2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 646 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |