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AN ACT
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relating to coordinated county transportation authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 460, Transportation Code, |
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is amended by adding Section 460.1041 to read as follows: |
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Sec. 460.1041. LIABILITY LIMITED FOR RAIL SERVICES UNDER |
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CERTAIN AGREEMENTS. (a) This section applies only to public |
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passenger rail services provided: |
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(1) under an agreement between an authority created |
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before January 1, 2005, and a railroad for the provision of public |
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passenger rail services through the use of the railroad's |
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facilities; and |
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(2) on freight rail lines and rail rights-of-way that |
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are: |
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(A) located in the Interstate 35W/Interstate 35 |
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corridor; or |
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(B) a northern extension of existing passenger |
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rail service provided by the authority in the Interstate 35E |
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corridor. |
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(b) The aggregate liability of an authority and a railroad |
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that enter into an agreement to provide public passenger rail |
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services, and the governing boards, directors, officers, |
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employees, and agents of the authority and railroad, may not exceed |
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$125 million for all claims for damages arising from a single |
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incident involving the provision of public passenger rail services |
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under the agreement. |
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(c) Subsection (b) does not affect: |
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(1) the amount of damages that may be recovered under |
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Subchapter D, Chapter 112, or the federal Employers' Liability Act |
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(45 U.S.C. Section 51 et seq.); or |
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(2) any immunity, limitation on damages, limitation on |
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actions, or other limitation of liability or protections applicable |
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under other law to an authority or other provider of public |
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passenger rail services. |
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(d) The limitation of liability provided by this section |
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does not apply to damages arising from the wilful misconduct or |
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gross negligence of the railroad. |
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(e) An authority shall obtain or cause to be obtained |
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insurance coverage for the aggregate liability stated in Subsection |
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(b) with the railroad as a named insured. |
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SECTION 2. Section 460.107(c), Transportation Code, is |
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amended to read as follows: |
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(c) If an authority, through the exercise of eminent domain, |
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makes any relocation necessary, [the] relocation assistance |
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[costs] shall be provided [paid] by the authority as provided by |
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Section 21.046, Property Code. |
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SECTION 3. Section 460.406(c), Transportation Code, is |
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amended to read as follows: |
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(c) The board of directors may authorize the negotiation of |
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a contract without competitive sealed bids or proposals if: |
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(1) the aggregate amount involved in the contract is |
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less than the greater of: |
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(A) $50,000 [or less]; or |
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(B) the amount of an expenditure under a contract |
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that would require a municipality to comply with Section |
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252.021(a), Local Government Code; |
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(2) the contract is for construction for which not |
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more than one bid or proposal is received; |
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(3) the contract is for services or property for which |
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there is only one source or for which it is otherwise impracticable |
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to obtain competition; |
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(4) the contract is to respond to an emergency for |
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which the public exigency does not permit the delay incident to the |
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competitive process; |
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(5) the contract is for personal or professional |
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services or services for which competitive bidding is precluded by |
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law; |
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(6) the contract, without regard to form and which may |
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include bonds, notes, loan agreements, or other obligations, is for |
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the purpose of borrowing money or is a part of a transaction |
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relating to the borrowing of money, including: |
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(A) a credit support agreement, such as a line or |
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letter of credit or other debt guaranty; |
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(B) a bond, note, debt sale or purchase, trustee, |
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paying agent, remarketing agent, indexing agent, or similar |
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agreement; |
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(C) an agreement with a securities dealer, |
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broker, or underwriter; and |
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(D) any other contract or agreement considered by |
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the board of directors to be appropriate or necessary in support of |
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the authority's financing activities; |
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(7) the contract is for work that is performed and paid |
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for by the day as the work progresses; |
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(8) the contract is for the lease or purchase of an |
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interest in land; |
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(9) the contract is for the purchase of personal |
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property sold: |
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(A) at an auction by a state licensed auctioneer; |
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(B) at a going out of business sale held in |
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compliance with Subchapter F, Chapter 17, Business & Commerce Code; |
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or |
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(C) by a political subdivision of this state, a |
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state agency, or an entity of the federal government; |
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(10) the contract is for services performed by persons |
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who are blind or have severe disabilities [severely disabled
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persons]; |
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(11) the contract is for the purchase of electricity; |
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(12) the contract is one for an authority project and |
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awarded for alternate project delivery using the procedures under |
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Subchapters E, F, G, and I, Chapter 2269 [2267], Government Code[,
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as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
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Regular Session, 2011]; or |
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(13) the contract is for fare enforcement officer |
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services under Section 460.1092. |
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SECTION 4. (a) Section 460.1041, Transportation Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after September 1, 2015. |
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(b) The change in law made by this Act to Section |
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460.107(c), Transportation Code, applies only to a condemnation |
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proceeding in which the petition is filed on or after September 1, |
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2015, and to any property condemned through the proceeding. A |
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condemnation proceeding in which the petition is filed before |
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September 1, 2015, and any property condemned through the |
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proceeding are governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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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. 678 passed the Senate on |
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April 30, 2015, 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. 678 passed the House on |
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May 13, 2015, by the following vote: Yeas 139, Nays 5, two |
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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 |