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AN ACT
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relating to the addition of a county to a freight rail district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 171, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER B. CREATION; ADDITION OF COUNTY TO DISTRICT |
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SECTION 2. Section 171.054, Transportation Code, is amended |
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to read as follows: |
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Sec. 171.054. DISTRICT TERRITORY. The district consists of |
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the territory of: |
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(1) each county that created the district; |
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(2) each county added to the district under Section |
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171.055; and |
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(3) the territory of the most populous municipality in |
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the most populous county if that municipality's territory is |
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located in more than one county. |
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SECTION 3. Subchapter B, Chapter 171, Transportation Code, |
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is amended by adding Section 171.055 to read as follows: |
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Sec. 171.055. ADDITION OF COUNTY TO DISTRICT. (a) A |
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county may be added to a district if: |
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(1) the county is adjacent to a county with a |
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population of 3.3 million or more that created the district; or |
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(2) the county: |
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(A) is adjacent to a county that is added to the |
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district under Subdivision (1); and |
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(B) contains a navigation district. |
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(b) The following governing bodies must by joint resolution |
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approve the addition of the county to the district: |
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(1) the commissioners court of the county to be added |
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to the district; |
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(2) the commissioners court of each county in the |
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district; and |
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(3) the governing body of the most populous |
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municipality in the most populous county in the district. |
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(c) The resolution must include the number of directors the |
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new county will have on the board. |
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(d) On adoption of the resolution by each commissioners |
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court and the governing body of the municipality, the county is |
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added to the district. |
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SECTION 4. Section 171.101, Transportation Code, is amended |
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to read as follows: |
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Sec. 171.101. COMPOSITION OF BOARD; PRESIDING OFFICER. |
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(a) The board consists of directors, including a presiding |
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officer, as provided in the order or ordinance creating the |
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district under Section 171.052(b). |
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(b) The board shall add directors for each county added to |
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the district as provided in the joint resolution adding the county |
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under Section 171.055. |
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SECTION 5. Section 171.152, Transportation Code, is amended |
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to read as follows: |
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Sec. 171.152. GENERAL CONTRACT POWERS. A district may |
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contract with any person, including: |
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(1) a county or municipality, including a county or |
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municipality that is a member of [created] the district; |
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(2) this state or any political subdivision of this |
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state; |
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(3) the United States; or |
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(4) a railroad. |
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SECTION 6. Subsection (a), Section 171.301, Transportation |
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Code, is amended to read as follows: |
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(a) A county or municipality that is a member of [created] |
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the district may petition the board for approval to withdraw from |
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the district. The board may approve the petition only if: |
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(1) the district has no outstanding bonds; or |
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(2) the district has debt other than bonds and the |
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board finds that the withdrawal of the county or municipality will |
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not materially affect the ability of the district to repay the debt. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1578 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1578 passed the House on |
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May 20, 2011, by the following vote: Yeas 148, Nays 1, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |