2019 Texas Legislature Rail Issues - Issues

With the Texas House and Senate now adjourned until January 2021, Texas Rail Advocates is happy to report that not a single bad rail bill that your advocacy organization opposed in committee passed during the 2019 session.

The 86th legislative session saw several dozen bills filed that could have wounded or killed plans by Texas Central Railway, a private concern, to bring high-speed rail to the state. In addition, Rider 44, which was placed in the state budget bill by Granbury Senator Brian Birdwell, would have prohibited the Texas Department of Transportation’s Rail Division from working with Texas Central. The language was stripped out of the budget in conference committee.

In a news release Holly Reed from Texas Central Railway said “because tens of thousands of you sent letters and emails, posted to social media and called your legislators – or traveled to Austin – to voice your support, the Texas High-Speed Train has more momentum than ever. This was evident as legislators once again ensured the project can continue to move forward with no onerous or ambiguous regulation or legislation impacting the project.”

On the freight rail side, bills that had the potential to increase truck weights, which would further damage Texas highways, were defeated as was a concerted attack on eminent domain against those that hold those rights.

There were some additional highlights for rail wins during the session.

The bills below have been either signed or sent to the Governor for his signature:

House Bill 71- Relating to the creation of regional transit authorities was signed by the Governor. SIGNED
HB 2775- Relating to the movement of pedestrians in front of, under, between, or through rail cars at a railroad grade crossing was sent to the Governor and awaits his signature.

One disappointment in the session was that House Bill 1068, an infrastructure tax credit for short line railroads in Texas, did not advance out of the House Ways and Means Committee. The Texas Short Line and Regional Railroad Association (TSLRRA) testified on behalf of the bill in April and was supported by TRA. W&M Chairman Burrows ultimately decided not to vote on HB-1068 and many similar tax credits in his Committee. In a statement TSLRRA said that members of the committee seemed to believe there is a need for short line funding but the issue fell to the controversial margins tax which short lines would have claimed credit against. This tax has repeatedly been the target of eventual phase out or elimination and the Chairman did not want to continue putting holes in it with tax breaks.

As with passenger rail development, TxDOT seems to be unwilling to support funding activities for short line or other freight rail projects unless directed by the state legislature.

UPDATE:

New law signed by Governor creates Valley regional transit authority.

WEEK 18 IN Austin - TRA Capitol Report 5/18/19

May 18, 2019 - TRA Austin

SB 421 was voted out of the House Land & Resource Management Committee Thursday and explicitly excludes high-speed rail from the 10 year moratorium that is imposed on other infrastructure providers. This is a troubling policy issue relating to the acquisition of real property by an entity with eminent domain authority. It is now placed on the House Calendar where bills go to be decided to be heard or not heard by the full House.

HB 71 (relating to the creation of regional transit authorities) has been sent to the Governor’s desk. We have supported this legislation since the beginning of session and it’s exciting to see it ready for Governor Abbott’s signature. The legislation was authored by Representative “Mando” Martinez of Weslaco.

Rider 44 to the budget, which would not allow the Texas Department of Transportation to work with Texas Central, failed in conference committee and did not make it into the final bill. Similarly, all of the bad rail bills that targeted the train have either died completely or are at a standstill and are unlikely to see more movement. We will still watch for harmful amendments that could be added on to other bills.

It is important to note that Tuesday of next week marks the last day that the House can consider Senate bills on second reading. This means that if a Senate bill has not been heard for the first time in the House chamber by Tuesday, it is considered dead. Similarly, Wednesday of next week is the last day that the Senate can consider any bills on second reading. We are down to the wire with just ten days left of the session, so deadlines are coming up quickly.

The House will be in session tomorrow and the Senate will be in session on Sunday to further push some legislation past the goal line.

Bills Filed Pertaining to Railroads and Transit

SB=Senate Bill, HB=House Bill

Want to find out the current status on a bill? Click here.
Send an email or call your state elected officials: Find who they are: Click here.
Scroll down for a list of state and federal transportation committee members.

Bills shown in GREEN are supported by TRA

RED bills are not supported by TRA.

There are some dangerous bills proposed, that if enacted into law, would prohibit a private entity from ever building a higher to high speed rail line in the state of Texas. Our growth dictates we look at more than just asphalt and concrete highways to move people and goods.

SJR 45 (Senate Joint Resolution) - Kirk Watson, Austin

Proposing a constitutional amendment allowing the expenditure of motor vehicle fuel taxes and registration fees for passenger rail and transit. Net revenues from motor vehicle registrations, motor fuels and lubricants for motor vehicles could also be used for the purpose of constructing, maintaining and operating passenger rail and transit. Part of the proceeds would be directed to the Available School Fund. If passed by the House and Senate voters would decide this issue on November 5, 2019.

S	Referred to Finance	03/07/2019	399
S	Read first time	03/07/2019	399
S	Filed	02/25/2019
S	Received by the Secretary of the Senate	02/25/2019

SJR 61 - Pat Fallon, Frisco

Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity. Bad bill.

S	Referred to State Affairs	03/18/2019	500
S	Read first time	03/18/2019	500
S	Filed	03/07/2019
S	Received by the Secretary of the Senate	03/07/2019

HB 71 - "Mando" Martinez, Weslaco / SB Eddie Lucio Jr, Brownsville

Creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees. “Regional high capacity transit” means intercity transit service designed to transport more people than typical, local fixed-route bus service by using dedicated lanes or rights-of-way or by having transit priority, including queue jumps or traffic signal priority. The term includes bus rapid transit, light rail, commuter rail, streetcars, high occupancy toll lanes, or other fixed guideway operations. Support.

E	Effective immediately		05/24/2019
E	Signed by the Governor		05/24/2019
E	Sent to the Governor		05/14/2019		3815
S	Signed in the Senate		05/14/2019		1882
H	Signed in the House		05/13/2019		3643
H	Reported enrolled		05/10/2019	09:20 PM	3645
H	Senate passage reported		05/10/2019		3612
S	Record vote		05/10/2019		1837
S	Passed		05/10/2019		1837
S	Read 3rd time		05/10/2019		1837
S	Record vote		05/10/2019		1836
S	Three day rule suspended		05/10/2019		1836
S	Record vote		05/10/2019		1836
S	Read 2nd time & passed to 3rd reading		05/10/2019		1836
S	Record vote		05/10/2019		1836
S	Rules suspended-Regular order of business		05/10/2019		1836
S	Placed on intent calendar		05/09/2019
S	Committee report printed and distributed		04/24/2019	11:18 AM
S	Reported favorably w/o amendments		04/24/2019		1279
S	Considered in public hearing		04/17/2019
S	Referred to Transportation		04/15/2019		1037
S	Read first time		04/15/2019		1037
S	Received from the House		04/11/2019		868
H	Reported engrossed		04/09/2019	03:47 PM	1495
H	Statement(s) of vote recorded in Journal		04/09/2019		1387
H	Record vote	RV#206	04/09/2019		1387
H	Passed		04/09/2019		1387
H	Read 3rd time		04/09/2019		1387
H	Statement(s) of vote recorded in Journal		04/08/2019		1342
H	Record vote	RV#181	04/08/2019		1342
H	Passed to engrossment as amended		04/08/2019		1342
H	Amended	1-Martinez	04/08/2019		1340
H	Read 2nd time		04/08/2019		1340
H	Placed on General State Calendar		04/08/2019
H	Considered in Calendars		04/05/2019
H	Considered in Calendars		03/13/2019
H	Committee report sent to Calendars		03/12/2019
H	Committee report distributed		03/12/2019	08:23 AM
H	Comte report filed with Committee Coordinator		03/11/2019		705
H	Reported favorably w/o amendment(s)		03/06/2019
H	Considered in public hearing		03/06/2019
H	Left pending in committee		02/27/2019
H	Testimony taken/registration(s) recorded in committee		02/27/2019
H	Considered in public hearing		02/27/2019
H	Scheduled for public hearing on . . .		02/27/2019
H	Referred to Transportation		02/12/2019	12:38 PM	284
H	Read first time		02/12/2019		284
H	Filed		11/12/2018

SB 421 - Lois Kolkhorst, Brenham - WARNING: WATCH THIS BILL

Relating to the acquisition of real property by an entity with eminent domain authority. This bill explicitly excludes high-speed rail from the 10 year moratorium on other infrastructure providers. Bad policy.

S	House appoints conferees w/inst-reported		05/24/2019
S	House grants request for conf comm-reported		05/24/2019
H	House appoints conferees with instructions		05/24/2019
H	Motion prevails		05/24/2019		5863
H	Motion to instruct conferees		05/24/2019		5863
H	House grants request for conference committee		05/24/2019		5863
H	Senate appoints conferees-reported		05/23/2019		5113
H	Senate requests conference committee-reported		05/23/2019		5113
H	Senate refuses to concur-reported		05/23/2019		5113
S	Senate appoints conferees		05/23/2019
S	Senate requests conference committee		05/23/2019
S	Senate refuses to concur		05/23/2019
S	Read		05/23/2019
S	House amendment(s) laid before the Senate		05/23/2019
S	House passage as amended reported		05/22/2019		2621
H	Nonrecord vote recorded in Journal		05/22/2019		4481
H	Record vote	RV#1608	05/22/2019		4481
H	Passed		05/22/2019		4481
H	Read 3rd time		05/22/2019		4481
H	Nonrecord vote recorded in Journal		05/22/2019		4457
H	Passed to 3rd reading as amended		05/22/2019		4457
H	Amended	1-Morrison	05/22/2019		4457
H	Read 2nd time		05/22/2019		4457
H	Placed on Local, Consent, and Res. Calendar		05/22/2019
H	Considered in Local & Consent Calendars		05/20/2019
H	Comm. report sent to Local & Consent Calendar		05/19/2019
H	Committee report distributed		05/19/2019	12:15 PM
H	Comte report filed with Committee Coordinator		05/18/2019		4214
H	Reported favorably as substituted		05/16/2019
H	Recommended to be sent to Local & Consent		05/16/2019
H	Committee substitute considered in committee		05/16/2019
H	Considered in formal meeting		05/16/2019
H	Left pending in committee		04/26/2019
H	Testimony taken/registration(s) recorded in committee		04/25/2019
H	Considered in public hearing		04/25/2019
H	Scheduled for public hearing on . . .		04/25/2019
H	Referred to Land & Resource Management		04/08/2019	03:42 PM	1365
H	Read first time		04/08/2019		1365
H	Received from the Senate		04/05/2019		1325
S	Reported engrossed		04/04/2019		801
S	Record vote		04/04/2019		765
S	Passed		04/04/2019		765
S	Read 3rd time		04/04/2019		765
S	Record vote		04/04/2019		764
S	Three day rule suspended		04/04/2019		764
S	Vote recorded in Journal		04/04/2019		764
S	Passed to engrossment as amended		04/04/2019		764
S	Record vote		04/04/2019		764
S	Amended		04/04/2019		764
S	Amendment(s) offered	FA1 Kolkhorst	04/04/2019		753
S	Read 2nd time		04/04/2019		753
S	Record vote		04/04/2019		753
S	Rules suspended-Regular order of business		04/04/2019		753
S	Co-author authorized		04/04/2019		774
S	Placed on intent calendar		03/27/2019
S	Not again placed on intent calendar		03/19/2019
S	Co-author authorized		03/19/2019		524
S	Placed on intent calendar		03/18/2019
S	Co-author authorized		03/18/2019		500
S	Committee report printed and distributed		03/14/2019	02:11 PM
S	Reported favorably as substituted		03/14/2019		479
S	Considered in public hearing		03/11/2019
S	Left pending in committee		03/04/2019
S	Testimony taken in committee		03/04/2019
S	Considered in public hearing		03/04/2019
S	Scheduled for public hearing on . . .		03/04/2019
S	Referred to State Affairs		02/14/2019		211
S	Read first time		02/14/2019		211
S	Co-author authorized		01/28/2019		89
S	Filed		01/23/2019
S	Received by the Secretary of the Senate		01/23/2019

HB 709 - John Wray, Waxahachie

Private activity bonds prohibited for high-speed rail. Private activity bonds may not be issued to finance, wholly or partly, the construction of facilities for or the operation of high-speed rail service between two municipalities in this state that is capable of operating at speeds greater than 100 miles per hour. (highly discriminatory against one type of entity for private market bonding capability while allowing all others to make use of private activity bonds)

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/21/2019	11:47 AM	387
H	Read first time	02/21/2019		387
H	Filed	01/10/2019

HB 742 - Yvonne Davis, Dallas

No train can be operated with less than two crew members. A railroad company may not operate in connection with the movement of freight a train or light engine with fewer than two crew members. For the purpose of this subsection a railroad utility employee is not considered a crew member. Does not apply to the operation of a train or light engine for hostler service. A railroad company that violates this section is liable for civil penalties. (new safer technologies are being developed and must be considered before this law is passed especially for short line operators)

H	Left pending in committee	03/13/2019
H	Testimony taken/registration(s) recorded in committee	03/13/2019
H	Committee substitute considered in committee	03/13/2019
H	Considered in public hearing	03/13/2019
H	Scheduled for public hearing on . . .	03/13/2019
H	Referred to Transportation	02/21/2019	11:47 AM	390
H	Read first time	02/21/2019		390
H	Filed	01/11/2019

HB 1055 - John Wray, Waxahachie

High-speed rail tracks must be elevated 40 feet or more above ground. Except as necessary for passenger boarding, high-speed rail tracks located in a county with a population of more than one million or a county adjacent to a county with a population of more than one million must be elevated on pylons to 40 feet or more above the ground. (does not account for grade differentials with hills and valleys and for below ground running or tunnels should entity want to depress rail line to benefit surrounding properties)

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/26/2019	12:44 PM	444
H	Read first time	02/26/2019		444
H	Filed	01/24/2019

HB 1068 - Trent Ashby, Lufkin

Strategies for railroad relocation and improvement, including a franchise tax credit for certain railroad reconstruction or replacement expenditures. Allowing a tax credit for infrastructure improvements on Class II and Class III railroads (local short lines). Support.

H	Left pending in committee	04/17/2019
H	Testimony taken/registration(s) recorded in committee	04/17/2019
H	Committee substitute considered in committee	04/17/2019
H	Considered in public hearing	04/17/2019
H	Scheduled for public hearing on . . .	04/17/2019
H	Referred to Ways & Means	02/26/2019	12:44 PM	445
H	Read first time	02/26/2019		445
H	Filed	01/24/2019

HB 1234 - Cecil Bell, Magnolia

Restoring property to original condition if a high-speed rail service ceases operation. Before a private entity begins operation of high-speed rail service, including the extension of an existing service, the entity must file with the department a bond in an amount determined by the commission to be sufficient to restore real property used for the service to its original condition if the service ceases operation. (language is ambiguous on restoration to original condition and discriminatory against specific type of railroad)

H	Left pending in committee	04/17/2019
H	Testimony taken/registration(s) recorded in committee	04/17/2019
H	Committee substitute considered in committee	04/17/2019
H	Considered in public hearing	04/17/2019
H	Scheduled for public hearing on . . .	04/17/2019
H	Referred to Ways & Means	02/26/2019	12:44 PM	445
H	Read first time	02/26/2019		445
H	Filed	01/24/2019

HB 1235 - Cecil Bell, Magnolia

Issuance by a state agency of a permit required for the construction of a high-speed rail project by a private entity. A state agency may issue a permit required for the construction of a high-speed rail project by a private entity only if the entity meets all requirements of or conditions associated with the permit before issuance of the permit, including any condition requiring the applicant to obtain an additional permit or approval from another governmental entity. (language is ambiguous and discriminatory against specific type of railroad)

H	Withdrawn from schedule	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/26/2019	12:44 PM	458
H	Read first time	02/26/2019		458
H	Filed	01/31/2019

HB 1242 - Trent Ashby, Lufkin / SB 478 - Brandon Creighton, Conroe

Authorization to enter onto property to survey for a proposed high-speed rail facility. In this bill high-speed rail means intercity passenger service that is reasonably expected to reach speeds of at least 110 miles per hour. A private entity may not enter on the lands or waters of any person or corporation under Section 112.051 to make an examination or survey, including a lineal survey, for a proposed high-speed rail facility unless the department has determined that the entity is a railroad company. (discriminates against one private investor group that is building high speed rail and has acted at the federal and state level as a railroad)

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/26/2019	12:44 PM	459
H	Read first time	02/26/2019		459
H	Filed	01/31/2019

S	Left pending in committee	05/01/2019
S	Testimony taken in committee	05/01/2019
S	Considered in public hearing	05/01/2019
S	Scheduled for public hearing on . . .	05/01/2019
S	Referred to Transportation	02/14/2019	217
S	Read first time	02/14/2019	217
S	Filed	01/28/2019
S	Received by the Secretary of the Senate	01/28/2019

HB 1245 - Trent Ashby, Lufkin / SB 552 - Schwertner, Birdwell, Buckingham, Campbell, Fallon, Hall, Hinojosa, Hughes, Lucio, Miles, Nichols, Perry, Rodriguez, Seliger, Zaffirini

Additional rights to landowners for surveys. Provides landowners with increased disclosure of existing survey-related rights, including the right to negotiate survey terms and recover damages caused by the survey, as well as the landowner’s right to refuse access to their property without a court order. (discriminates against one entity and not others that fall under eminent domain status and creates more bureaucratic time and paperwork)

H	Left pending in committee	04/26/2019
H	Testimony taken/registration(s) recorded in committee	04/25/2019
H	Considered in public hearing	04/25/2019
H	Scheduled for public hearing on . . .	04/25/2019
H	Referred to Land & Resource Management	04/01/2019	11:44 AM	1188
H	Read first time	04/01/2019		1188
H	Received from the Senate	03/27/2019		1165
S	Reported engrossed	03/26/2019		662
S	Record vote	03/26/2019		617
S	Passed	03/26/2019		617
S	Read 3rd time	03/26/2019		617
S	Record vote	03/26/2019		617
S	Three day rule suspended	03/26/2019		617
S	Vote recorded in Journal	03/26/2019		617
S	Read 2nd time & passed to engrossment	03/26/2019		617
S	Rules suspended-Regular order of business	03/26/2019		617
S	Co-author authorized	03/26/2019		623
S	Placed on intent calendar	03/18/2019
S	Co-author authorized	03/18/2019		500
S	Committee report printed and distributed	03/13/2019	11:06 AM
S	Recommended for local & uncontested calendar	03/13/2019
S	Reported favorably w/o amendments	03/13/2019		433
S	Testimony taken in committee	03/11/2019
S	Considered in public hearing	03/11/2019
S	Scheduled for public hearing on . . .	03/11/2019
S	Meeting cancelled	03/07/2019
S	Scheduled for public hearing on . . .	03/07/2019
S	Referred to State Affairs	02/21/2019		244
S	Read first time	02/21/2019		244
S	Filed	01/31/2019
S	Received by the Secretary of the Senate	01/31/2019

NOTE: The following 4 bills were filed by freshman state representative Cody Harris of Palestine. He was quoted in the Corsicana Daily Sun on February 16, 2017 stating: “I will fight tooth and nail to kill the high-speed rail project.” Harris was elected in a rural district with over $1,100,000 in campaign contributions. One million dollars is about 4 to 5 times more in campaign contributions than any other freshman state representative received that was elected to the legislature from any other rural or urban district in this session.

HB 1367- Author: Cody Harris, Palestine / SB 659 Brian Birdwell, Granbury and Brandon Creighton, Conroe

Disposition of real property intended for high-speed rail projects. Property can be repurchased by its owners if a high-speed rail project is cancelled or not used for high-speed rail within 10 years. Can not use property for other than high-speed rail project. In his press release of February 6, 2019 Harris declares “a private entity does not have the power of eminent domain for the purpose of developing or operating a high-speed rail project.” ( This bill clearly discriminates against one particular entity and not others that may use eminent domain for important projects)

H	Committee report sent to Calendars	05/06/2019
H	Committee report distributed	05/06/2019	01:44 PM
H	Comte report filed with Committee Coordinator	05/06/2019		3137
H	Reported favorably w/o amendment(s)	05/01/2019
H	Considered in formal meeting	05/01/2019
H	Failed to receive affirmative vote in comm.	04/30/2019
H	Considered in public hearing	04/30/2019
H	Left pending in committee	04/02/2019
H	Testimony taken/registration(s) recorded in committee	04/02/2019
H	Considered in public hearing	04/02/2019
H	Scheduled for public hearing on . . .	04/02/2019
H	Referred to Land & Resource Management	02/27/2019	12:47 PM	485
H	Read first time	02/27/2019		485
H	Filed	02/05/2019
S	Referred to Transportation	03/01/2019		293
S	Read first time	03/01/2019		293
S	Filed	02/05/2019
S	Received by the Secretary of the Senate	02/05/2019

HB 1368 - Cody Harris, Palestine

Option contracts on land to be voided if high-speed rail project goes bankrupt. Real property option contracts to be voided on the filing of bankruptcy petition by or against a railroad company, an option contract held by the company to acquire real property for high speed rail project. In his February 6, 2019 press release Harris clearly states “this bill will void any high-speed rail option contracts held by a high-speed rail entity upon a bankruptcy initiated by or against the entity”. (in the unlikely event a high-speed rail company filed bankruptcy it’s successor would not be able to operate the high-speed line)

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/27/2019	12:47 PM	485
H	Read first time	02/27/2019		485
H	Filed	02/05/2019

HB 1369 - Cody Harris, Palestine / SB775 Brandon Creighton, Conroe

Purchase of necessary real property for the construction of a high-speed rail project. A private entity may not begin construction of a high-speed rail project unless the department has determined that the entity has acquired all real property for the construction of the project. (definition of “all property” is ambiguous and could mean construction of the whole project would be stopped if there was something so absurd as an additional parking lot not yet acquired)

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	02/27/2019	12:47 PM	485
H	Read first time	02/27/2019		485
H	Filed	02/05/2019
S	Referred to Transportation	03/01/2019		304
S	Read first time	03/01/2019		304
S	Filed	02/12/2019
S	Received by the Secretary of the Senate	02/12/2019

HB 1370 - Cody Harris, Palestine

Creation of a joint interim committee on high-speed rail development. Three House and three Senate members in a joint interim committee to evaluate the feasibility of creating a statewide high-speed rail initiative through a public-private partnership. Work with the department to develop a comprehensive statewide strategy for development of high speed rail in the state. Report not later than September 1, 2020. This IS a “red herring” bill to kill high speed rail. Representative Harris has publicly stated he wants to kill high speed rail but has filed this bill to ‘evaluate the feasibility of creating a public-private initiative. This seems very disingenuous. Here is his quote from a press release of February 6, 2019: “The purpose of this bill is to put up more roadblocks on the HSR by evaluating the feasibility of creating a statewide high-speed rail initiative through a public-private partnership”. These sound like the words of a dangerously single-minded elected elected representative not open to negotiation or reason. Representative Harris obviously does not represent the wishes of all constituents in his district and we have to wonder about outside influence toward his anti high-speed rail stance.

H	Left pending in committee	03/25/2019
H	Testimony taken/registration(s) recorded in committee	03/25/2019
H	Considered in public hearing	03/25/2019
H	Scheduled for public hearing on . . .	03/25/2019
H	Referred to House Administration	02/27/2019	12:47 PM	485
H	Read first time	02/27/2019		485
H	Filed	02/05/2019

HB 1611 - Trent Ashby, Lufkin

County Regulation of high-speed rail activity near schools. In the interest of safety, a county by order may regulate operations and activities in the unincorporated area of the county related to high-speed rail, as defined by Section 112.201, that occur within five miles of the campus of an elementary or secondary school day-care center, preschool, or institution of higher education. This is a “can-of-worms” bill that would regulate railroad activities of any sort that a county would want to apply within 5 miles of any type of school. Highly restrictive if passed and would kill any private high-speed rail project before ground is even broken (of course that IS the intent).

H	Referred to County Affairs	03/04/2019	05:43 PM	516
H	Read first time	03/04/2019		516
H	Filed	02/11/2019

HB 1986 - Ben Leman, Brenham / SB 975 - Lois Kolkhorst, Brenham

Compatibility of a high-speed rail facility with multiple types of train technology. A private entity that constructs a rail facility for high-speed rail service shall ensure that the facility is compatible with more than one type of train technology. Poorly written bill with plenty of room for interpretation. This is a failed rehash from the last legislative session. Too broad and written without knowledge of how railroads operate.

H	Committee report sent to Calendars	05/08/2019
H	Committee report distributed	05/07/2019	09:40 PM
H	Comte report filed with Committee Coordinator	05/07/2019		3285
H	Reported favorably as substituted	05/01/2019
H	Committee substitute considered in committee	05/01/2019
H	Considered in public hearing	05/01/2019
H	Recalled from subcommittee	05/01/2019
H	Left pending in subcommittee	04/17/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Committee substitute considered in s/c	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	03/05/2019	12:19 PM	556
H	Read first time	03/05/2019		556
H	Filed	02/19/2019
S	Left pending in committee	05/01/2019
S	Testimony taken in committee	05/01/2019
S	Considered in public hearing	05/01/2019
S	Scheduled for public hearing on . . .	05/01/2019
S	Referred to Transportation	03/01/2019		321
S	Read first time	03/01/2019		321
S	Filed	02/21/2019
S	Received by the Secretary of the Senate	02/21/2019

HB 1987 - Ben Leman, Brenham

Reporting requirements regarding eminent domain authority. Basically the State Comptroller would be responsible for a paperwork jungle any time an entity’s eminent domain authority is challenged in court and would require updating from courts around Texas. This is a bureaucratic waste of local, county and state resources.

H	Committee report sent to Calendars	05/06/2019
H	Committee report distributed	05/06/2019	03:13 PM
H	Comte report filed with Committee Coordinator	05/06/2019		3137
H	Reported favorably as substituted	04/30/2019
H	Committee substitute considered in committee	04/30/2019
H	Considered in public hearing	04/30/2019
H	Left pending in committee	04/26/2019
H	Testimony taken/registration(s) recorded in committee	04/25/2019
H	Committee substitute considered in committee	04/25/2019
H	Considered in public hearing	04/25/2019
H	Scheduled for public hearing on . . .	04/25/2019
H	Referred to Land & Resource Management	03/05/2019	12:19 PM	556
H	Read first time	03/05/2019		556
H	Filed	02/19/2019

HB 1988 - Ben Leman, Brenham

Elevation of high-speed rail tracks. Except as necessary for passenger boarding, high-speed rail tracks must be elevated on pylons to 40 feet or more above the ground to allow for the unrestricted movement of pedestrians and vehicular traffic under the tracks. Does not take into consideration topography of hills and valleys and that 40 feet above ground is higher than federal or state regulations require for highways. Does not allow for below-ground tunnels or trenches.

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Committee substitute considered in s/c	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	03/05/2019	12:19 PM	556
H	Read first time	03/05/2019		556
H	Filed	02/19/2019

HB 1989 - Ben Leman, Brenham

Requiring commissioners court approval of a proposed county road alteration for high-speed rail construction. A private entity may not begin construction of a high-speed rail project in a county in which the construction would alter a county road unless the alteration is approved by the commissioners court of that county. Effectively would KILL any high speed rail project in Texas at the whim of a county.

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	03/05/2019	12:19 PM	556
H	Read first time	03/05/2019		556
H	Filed	02/19/2019

HB 2561 - Celia Israel, Austin / SB 1136 Kirk Watson, Austin

Relating to the expansion of a fixed rail transit system by certain metropolitan rapid transit authorities. Amended: A referendum on a proposal to expand a system approved under this section is required only if the proposed expansion involves the addition of more than 15 miles to the system (up from 12 miles).

H	Referred to Transportation	03/11/2019	06:06 PM	632
H	Read first time	03/11/2019		632
H	Filed	02/27/2019

HB 2605 - Steve Toth, The Woodlands

Restrictions on certain state agency actions relating to high-speed rail projects. Unless a state agency determines that a private entity has obtained all necessary federal approval and permits for the construction of a high-speed rail project, the state agency may not (1) issue any permit required for the project; or (2) negotiate or enter into an agreement with the private entity for right-of-way access for the project. Unnecessary bill and duplication of effort. The Federal Railroad Administration will not give approval to any rail project (freight or passenger) until they have met all approval and permit guidelines.

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	03/11/2019	06:06 PM	635
H	Read first time	03/11/2019		635
H	Filed	02/27/2019

HB 2716 - Ben Leman, Brenham

Relating to authorization for a private entity to enter onto property to survey for a proposed high-speed rail project. A private entity, or a third party contracted by or on behalf of the private entity, may not enter on the lands or waters of any person or corporation to make an examination or survey, including a lineal survey, for a proposed high-speed rail project unless the entity has the funding necessary to complete the project.

H	Left pending in subcommittee	04/16/2019
H	Testimony taken/registration(s) recorded in subcommittee	04/16/2019
H	Considered by s/c in public hearing	04/16/2019
H	Scheduled for public hearing in s/c on . . .	04/16/2019
H	Referred directly to subcommittee by chair	04/03/2019
H	Referred to Transportation	03/11/2019	06:06 PM	645
H	Read first time	03/11/2019		645
H	Filed	02/28/2019

HB 2775 - Matt Krause, Fort Worth

Relating to the movement of pedestrians in front of, under, between, or through rail cars at a railroad grade crossing. Current law does not contain language to keep pedestrians from crawling under, between or through cars of a moving or stationary train occupying a railroad grade crossing or make it a penalty to do so. Safety issue.

E	Sent to the Governor		05/25/2019
S	Signed in the Senate		05/24/2019
H	Signed in the House		05/23/2019		5109
H	Reported enrolled		05/22/2019	09:49 PM	4840
S	House concurs in Senate amendment(s)-reported		05/22/2019		2574
H	Text of Senate Amendment(s)		05/22/2019		4749
H	Record vote	RV#1699	05/22/2019		4749
H	House concurs in Senate amendment(s)		05/22/2019		4749
H	Senate Amendments Analysis distributed		05/15/2019	03:36 PM
H	Senate Amendments distributed		05/15/2019	03:34 PM
H	Senate passage as amended reported		05/15/2019		3809
S	Record vote		05/15/2019		1920
S	Passed		05/15/2019		1920
S	Read 3rd time		05/15/2019		1920
S	Record vote		05/15/2019		1920
S	Three day rule suspended		05/15/2019		1920
S	Vote recorded in Journal		05/15/2019		1920
S	Read 2nd time & passed to 3rd reading		05/15/2019		1920
S	Laid before the Senate		05/15/2019		1920
S	Placed on local & uncontested calendar		05/15/2019
S	Committee report printed and distributed		05/09/2019	06:08 PM
S	Recommended for local & uncontested calendar		05/09/2019
S	Reported favorably as substituted		05/09/2019		1804
S	Considered in public hearing		05/08/2019
S	Scheduled for public hearing on . . .		05/08/2019
S	Referred to Transportation		04/24/2019		1275
S	Read first time		04/24/2019		1275
S	Received from the House		04/23/2019		1196
H	Reported engrossed		04/18/2019	03:48 PM	2034
H	Statement(s) of vote recorded in Journal		04/18/2019		1935
H	Record vote	RV#535	04/18/2019		1934
H	Passed		04/18/2019		1934
H	Read 3rd time		04/18/2019		1934
H	Statement(s) of vote recorded in Journal		04/17/2019		1875
H	Record vote	RV#509	04/17/2019		1875
H	Passed to engrossment as amended		04/17/2019		1875
H	Amended	1-Springer	04/17/2019		1875
H	Read 2nd time		04/17/2019		1875
H	Placed on General State Calendar		04/17/2019
H	Considered in Calendars		04/15/2019
H	Considered in Calendars		04/11/2019
H	Committee report sent to Calendars		04/09/2019
H	Committee report distributed		04/08/2019	04:44 PM
H	Comte report filed with Committee Coordinator		04/08/2019		1426
H	Reported favorably w/o amendment(s)		03/26/2019
H	Considered in public hearing		03/26/2019
H	Left pending in committee		03/20/2019
H	Testimony taken/registration(s) recorded in committee		03/20/2019
H	Considered in public hearing		03/20/2019
H	Scheduled for public hearing on . . .		03/20/2019
H	Referred to Transportation		03/12/2019	12:07 PM	672
H	Read first time		03/12/2019		672
H	Filed		02/28/2019

HB 3090 - Mando Martinez, Weslaco

Relating to the disposition of certain amounts collected for rail safety. Money collected from certain fees would go to the state highway fund and not to the general revenue fund.

H	Referred to Appropriations	03/13/2019	12:36 PM	734
H	Read first time	03/13/2019		734
H	Filed	03/04/2019

HB 4053 - Author: Kyle Kacal, College Station

Relating to the authorization of the construction of an electric railway on or across a road, street, alley, square, or property of a county or municipality. A private entity may not construct an electric railway on or across a road, street, alley, square or property of a county or municipality unless the construction is approved by the governing body of the county or municipality. This is a bill that says we can stop a railway from being built, period. Not business friendly.

H	Left pending in committee	04/24/2019
H	Testimony taken/registration(s) recorded in committee	04/24/2019
H	Considered in public hearing	04/24/2019
H	Scheduled for public hearing on . . .	04/24/2019
H	Referred to Transportation	03/21/2019	12:30 PM	885
H	Read first time	03/21/2019		885
H	Filed	03/07/2019

HB 4219 - Ben Leman, Brenham

Relating to the enforceability of certain contracts to acquire real property for a high-speed rail project. Many changes proposed to the transportation code to make sure that a private entity would never be able to build or complete a high speed rail project.

H	Left pending in committee	04/08/2019
H	Testimony taken/registration(s) recorded in committee	04/08/2019
H	Considered in public hearing	04/08/2019
H	Scheduled for public hearing on . . .	04/08/2019
H	Referred to Judiciary & Civil Jurisprudence	03/25/2019	01:06 PM	913
H	Read first time	03/25/2019		913
H	Filed	03/08/2019

SB 408 - Brian Birdwell, Granbury

Relating to eliminating distinctions in the application of consent annexation requirements. Under review how this would affect railroads.

S	Co-author authorized	03/19/2019	524
S	Co-author authorized	03/04/2019	336
S	Co-author authorized	02/26/2019	272
S	Co-author authorized	02/25/2019	259
S	Co-author authorized	02/20/2019	238
S	Referred to Intergovernmental Relations	02/14/2019	210
S	Read first time	02/14/2019	210
S	Filed	01/22/2019
S	Received by the Secretary of the Senate	01/22/2019

Whose Who on the Texas House Transportation Committee

Terry Canales, Chair (D) – Texas House 40 – Edinburg
Brooks Landgraf, Vice Chair (R) – Texas House 81 – Odessa
Armando Martinez (D) Texas House 39
John Raney (R) House 14
Ed Thompson (Brazoria) (R) House 29
Diego Bernal (D) House 123 – San Antonio
Carig Goldman (R) House 97 – Fort Worth
Cole Hefner (R) House 5
Ben Leman (R)
Evelina “Lina” Ortega (D) House 77
Shawn Thierry (D) House 146 – Houston

Whose Who on the Texas Senate Transportation Committee

Robert Nichols, Chair (R) – TX Senate 3 – Offices in Jacksonville, Nacogdoches, Montgomery and Lufkin
Kelly Hancock, Vice Chair (R) – TX Senate 9 – North Richland Hills
Carol Alvarado (D) – TX Senate 6 – Houston
Juan “Chuy” Hinojosa (D) – TX Senate 20 – Offices in Corpus Christi and Edinburg
Lois Kolkhorst (R) TX Senate 18 – Offices in Victoria, Katy and Brenham
Charles Perry (R) TX Senate 28 – Offices in Lubbock, San Angelo and Childress
Jose Rodriguez (D) TX Senate 29 – Offices in El Paso, Marfa and Fabens
Charles Schwertner (R) TX Senate 5 – Offices in Georgetown and Bryan
Royce West (D) TX Senate 23 – Dallas

Whose Who from Texas on the U.S. House Transportation Committee

Colin Allred (D) – Dallas – Offices to be announced
Lizzie Fletcher (D) – Houston – Offices to be announced
Brian Babin (R) – TX 36 – Offices in Deer Park, Orange and Woodville
Randy Weber (R) – TX 14 – Offices in Beaumont, Lake Jackson and League City

Whose Who from Texas on the U.S. Senate Transportation Committee (THUD)

(to be announced)

2017 – TX 85th Session Rail Legislation That Passed

SB 975 by Birdwell/HB 2169 by Schubert – PASSED – (Security Requirements) – provides a framework of minimum security requirements to be followed during the construction and operation of a private high speed rail line. Requires the high-speed rail authority to coordinate security efforts with state and local law enforcement, as well as disaster response agencies.
SB 977 by Schwertner/HB 2172 by Ashby – PASSED – (State Funding of High Speed Rail) – prohibits the legislature from appropriating new funds, or allowing state agencies to utilize existing funds, to pay any costs related to a the construction, maintenance, or operation of a private high-speed rail in Texas. Texas Central, the entity that is building and will operate the Dallas-Houston bullet train had said repeatedly that they did not want nor will they accept any state funding. Therefore all this bill does is to kill future public-private or publicly funded rail projects, even if the public wants and demands it.

Archive of Previous Weeks At The Legislature

WEEK 17 In Austin – TRA Capitol Report 5/11/19 - 2 weeks until session ends

May 11, 2019 – TRA Austin -The language in the legislative budget bill that contained a provision to hurt the development of high-speed rail by a private concern has been stripped out. The budget conference committee of Texas House and Senate members deleted Rider 44, which would have prevented communications between the private investors of Texas Central Railway and the Texas Department of Transportation.

According to a report from the Texas Tribune, Houston Democrat state Rep. Armando Walle, one of the members of the conference committee, said the rider was removed out of fear that a lawmaker could argue the language changes general law, something that House rules don’t allow the budget to do. If such an argument were successful, that could have threatened the entire spending plan. “In order to not have the whole appropriations bill go down, I think that was the safest way to address the issue,” Walle said.

However, there are still several Senate bills that are destructive to high-speed rail and these could still be brought up for a vote before the end of the legislative session next week. Those are being tracked by Texas Rail Advocates and you can see details of them through this link: http://texasrailadvocates.org/texas-legislature/

There is always a chance an amendment could be tacked onto another bill, according to our legislative sources.

The budget conference committee keet the same language from the last session that was in the house budget. It matches with what’s already general law – no state appropriations, and the project continues to be treated like any other major transportation infrastructure project.

All of the 11 House transportation bills that were detremental to high-speed rail died in the House as time ran out to pass them from Calendars to a vote on the House floor.

WEEK 16 in Austin – TRA Capitol Report 5/4/19 – 3 weeks under session ends

May 4, 2019 – TRA Austin –

No movement on the Birdwell budget rider to stop high-speed rail

Three bad rail bills out of House Transpo Committee

There is no news to report this week on the budget rider (#44) that Granbury Senator Brian Birdwell attached to the state budget bill. As we said previously, it’s now in the hands of the combination House and Senate budget conferees and they did not meet this week. Thank you for your efforts with calls and emails asking the budget conferees to strike this out when it comes up. The language would not allow the Texas Department of Transportation to communicate with an entity (Texas Central Railway) wanting to build the high-speed rail line from North Texas to Houston. This back door tactic was tried last session and thrown out at the last minute. The conference committee hearings are not public, so TRA will keep our eyes and ears open and monitor for any news.

Three bad rail bills made it out of their House committees this week, including HB 1367 by Cody Harris and HB 1986 and HB 1987 by Ben Leman.

After a bill is favorably voted out of its respective committee, it is sent to the House Calendars committee. The House Calendars committee then contemplates which bills will go from there to the full House floor. The House Calendars committee is currently drowning in bills, with the last count we understand it was hovering near 700 bills.

Our political observer in Austin has never heard of such a number sitting in House Calendars committee. There is speculation that Speaker Bonnen is doing this on purpose to keep a strong control over the flow of the House, but it’s also possible that the large backlog is a result of growing pains with a new Speaker and several new Chairs and committee clerks.

May 9th is the last day House bills can be heard on second reading on the House floor. This means any bill that originated in the House that is not heard on the House floor by midnight on May 9th is dead. The House has been working at a glacial pace on House bills. At this time in session, this is a good thing for advocates of intercity passenger rail because there are several bad bills that will die in this process. In other news, all the bad rail bills that were previously heard in the House Transportation sub-committee are still pending.

This week “under the dome” Texas Rail Advocates filed in opposition to these bills:

SB 975-Relating to the compatibility of a high-speed rail facility with multiple types of train technology. (OPPOSE)
SB 478-Relating to authorization to enter onto property to survey for a proposed high-speed rail facility. (OPPOSE)

Next week TRA will issue its support to the following rail bill:

HB 2775-Relating to the movement of pedestrians in front of, under, between, or through rail cars at a railroad grade crossing. (SUPPORT)

WEEK 15 in Austin – TRA Capitol Report 3/26/19 – 4 Weeks Until Session Ends

It was a relatively slow week in the Texas Legislature. There were bills postponed, meetings canceled, and it was stagnant, overall.

The House and Senate budget conferees have been named but they do not meet in public, making it hard to pin down where they are in the process. Texas Rail Advocates and Rail Passengers Association had sent out a call to action regarding Senator Birdwell’s bad rail rider, Rider 44. Thanks to all of you that called and emailed the conferees to strip out the language. They said they received numerous responses against Rider 44 from the general public. #RemoveRider44 #ItsJustNotRight

The Senate Transportation Committee did not meet this week but will meet next week. All bills heard in the high-speed rail subcommittee on April 16th remain pending in committee and have not received a vote at this time. Similarly, Rep. Cody Harris’ bad rail bills have never received a committee vote.

This week Texas Rail Advocates opposed the following bills:

HB 4053-Relating to the authorization of the construction of an electric railway on or across a road, street, alley, square, or property of a county or municipality. (OPPOSE)
HB 1987- Relating to reporting requirements regarding eminent domain authority. (OPPOSE)
SB 552- Relating to notice of a property owner’s rights relating to the examination or survey of property by an entity with eminent domain authority. (OPPOSE)
SB 553- Relating to the acquisition of certain real property in conjunction with the acquisition of real property for a public us through eminent domain. (OPPOSE)

Next week Texas Rail Advocates will oppose these bills scheduled for a hearing on Wednesday May 1:

SB 975-Relating to the compatibility of a high-speed rail facility with multiple types of train technology. (OPPOSE)
SB 478-Relating to authorization to enter onto property to survey for a proposed high-speed rail facility. (OPPOSE)

In other news: Two Congressmen, Ron Wright and Kevin Brady, who is House Chair of the Ways and Means Committee, sent a letter to the Surface Transportation Board opposing the high-speed rail project. However, they’re facing a competing letter from 10 other Congressional office holders from North Texas and Greater Houston who, in a bi-partisan effort, support Texas Central’s railroad project.

WEEK 14 in Austin – TRA Capitol Report 3/18/19 – 5 Weeks Until Session Ends

The High-Speed Rail Transportation subcommittee hearing went into the early hours of Wednesday morning. TRA gave testimony and voiced opposition on all 11 bills in the hearing. All the bills were left pending in committee.

http://texasrailadvocates.org/2019/04/17/tx-house-transpo-hears-11-anti-high-speed-rail-bills/

Next week, TRA will oppose these bad rail bills. This list is subject to change as more of next week’s agendas become available:

HB 1987- Relating to reporting requirements regarding eminent domain authority. (OPPOSE)
SB 552- Relating to notice of a property owner’s rights relating to the examination or survey of property by an entity with eminent domain authority. (OPPOSE)
SB 553- Relating to the acquisition of certain real property in conjunction with the acquisition of real property for a public us through eminent domain. (OPPOSE)
HB 4053 will be heard on 4/24/19 and TRA will oppose it. Scroll down for details.

Some good rail news to end the week: HB 2775 by Matt Krause, relating to the movement of pedestrians in front of, under, between, or through rail cars at a railroad grade crossing, passed the House! We have supported this bill from the start and look forward to it making its way to the Senate.

The BAD language against high-speed rail that Granbury Senator Birdwell stuck in the state budget bill must now be stricken by the conference committee.

Senate budget conferees were chosen this week:

Chairwoman Jane Nelson (R-Flower Mound)
Joan Huffman (R-Houston)
Lois Kolkhorst (R-Brenham)
Robert Nichols (R-Jacksonville)
Larry Taylor (R-Friendswood)

Kolkhorst and Nichols have voted against high-speed rail in the past

House budget conferees were chosen previously:

Chairman John Zerwas (R-Katy)
Greg Bonnen (R-Galveston)
Sarah Davis (R-Houston)
Oscar Longoria (D-Mission)
Armando Walle (D-Houston)