2021 Texas Legislature Rail Issues

IT TOOK THREE SPECIAL SESSIONS BUT THE TEXAS LEGISLATURE CAME THROUGH!

The last stumbling block holding up moving freight rail traffic across the Rio Grande between Texas and Mexico in deep Southwest Texas was removed by the state legislature on October 19, 2021.

With a $15.5 million dollar appropriation secured from the Texas House and Senate, plans can now move forward to build a U.S. Customs and Border Protection (CBP) freight rail inspection station at Presidio so international rail commerce can restart between Texas and Ojinaga Mexico. Texas Representative Eddie Morales spoke on the House Floor late Monday (October 18, 2021) about the importance of the inspection station not just to Presidio, but for the rest of the state. Read more from this TRA Newswire story: http://texasrailadvocates.org/2021/10/19/big-step-forward-for-restarting-international-trains-across-the-rio-grande-at-presidio-tx/

An “Exceptional Item Request” for $35 million during the 2021 legislative session was removed from budget discussions by appropriators, stalling the last missing piece of a multi-million dollar rehab of the South Orient Railroad and an international rail bridge in Presidio, Texas.

The international rail crossing bridge at Presidio was rebuilt after being destroyed by a fire in 2008 but required an upgraded CBP freight rail inspection facility before trains would be allowed across the Rio Grande. Texas Rail Advocates has been a stakeholder since 2008 in promoting re-establishment of this vital Mexico-Texas rail connection. Learn why the South Orient Railroad is a critical link in Texas’ rail system from this 2010 TxDOT video.


Texas Rail Advocates tracked bills filed in the 87th Session that directly or indirectly impact development of railroads or the railroad industry. Bills that we feel were productive got the Green Thumb Up while counterproductive bills receive the Red Thumb Down. Click on the bill number for details.

  • SJR 40 – Filed by Senator Borris Miles (D) Houston, TX
  • HJR 109 Companion bill filed by Armando Walle (D) Houston, TX

FUNDING FOR PUBLIC TRANSPORTATION, BIKE PATHS, SIDEWALKS, NON-TOLL ROADS

Houston Senator Borris Miles has filed a Joint Resolution that would permit additional uses of certain dedicated general revenue to enhance public transportation, bike paths, public sidewalks and non-toll highways. If lawmakers gave the Joint Resolution a green light, SJR 40 would have gone on the November 2021 ballot and the public would decide, by way of a constitutional amendment, to approve or reject the measure.

Excess monies in the state’s Economic Stabilization Fund (the so-called “rainy day” fund) would be channeled to four transportation modes. Revenue that was transferred from the fund each fiscal year would be used for constructing, maintaining and acquiring right-of-way for 1) public roadways other than toll-roads 2) public transportation 3) public bicycle paths and 4) public sidewalks.

Any funding would be channeled through the Texas Department of Transportation’s state highway fund. It would allow revenue to be used only for constructing, maintaining and acquiring right-of-way for (1) public roadways other than toll roads (2) public transportation (3) public bicycle paths and (4) public sidewalks. We urge citizens to contact your State Representative and Senator and support SJR 40.

We supported SJR 40 to let the public decide how their transportation funds should be spent. This bill did not receive a hearing in Senate Transportation and died.


Senate Bill 149 – Senator Beverly Powell (D) Burleson, TX

RESTRICTIONS ON DRONE FLIGHTS OVER CRITICAL INFRASTRUCTURE

Makes it a prosecutable offense to operate an unmanned aircraft over certain facilities including railroad switching yards. We support this bill.

Signed into law by Governor Abbott


Senate Bill 723 – Senator Charles Schwertner (R) Georgetown, TX

REQUIREMENT IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY FOR PUBLIC USE BY AN ENTITY WITH EMINENT DOMAIN AUTHORITY

This bill was recently brought to our attention because of the author’s proclivity to file eminent domain bills that would slow down procurement of property for a high-speed rail project.

Bill died in the House


House Bill 2219 – Senator Robert Nichols (R) Jacksonville / Representative Terry Canales (D) Edinburg, TX

ISSUANCE OF TEXAS MOBILITY FUND OBLIGATIONS

TxDOT could enter into long-term obligations, up to 30 years, for highway and public transportation projects secured by future revenue (there is strong interest in reviving the Texas Mobility Fund which voters approved in 2001 – Proposition 15 – and which expired at the end of 2014. This allowed the acceleration of mobility projects throughout the state. The Texas Transportation Commission would determine the projects to be bonded). Public Transportation projects as well as Rail can be included in the Mobility Fund. We support these bills. HB2219 was reported favorably from committee.

Signed into law by Governor Abbott


House Bill 2223 – Senator Robert Nichols (R) Jacksonville / Representative Terry Canales (D) Edinburg, TX

TxDOT STUDY ON IMPACT OF CERTAIN MOTOR VEHICLES ON STATE ROADS AND BRIDGES

This is all about modal equity (do motor vehicles pay their fair share for use of state highways. Should tax and user fees be restructured). HB2223 was reported favorably, with the committee report filed with committee coordinator (this mean the bill is even closer to the Calendars committee than ones just reported favorably)

Signed into law by Governor Abbott


Senate Bill 1828 / House Bill 4138 – Senator Brian Birdwell (R) Granbury / Representative Jake Ellzey (R) Waxahachie, TX

COLLECTING A FEE FOR ALLOWING OVERWEIGHT TRUCKS IN SEVERAL NORTH TEXAS COUNTIES

Allows heavy trucks hauling steel products up to 96,000 pounds to pay a fee for highway use (these overweight trucks do more damage to highways than the state collects to offset the fee).

Senate bill referred to Transportation March 26

House bill left pending in Transportation Committee April 20

This bill died


Senate Bill 199090 – Filed by Senator Borris Miles (D) Houston

INTERMUNICIPAL COMMUTER RAIL DISTRICT POWERS

A county or a most populated municipality would be allowed to exercise the powers of an intermunicipal commuter rail district, including types of passenger rail services and other modes of service (allowing for passenger rail services, advanced transportation technologies including intercity rail services, bus rapid transit and other modes).

Law is effective as of June 16, 2021


HJR 99 – Filed by Representative Terry Canales (D) Edinburg, TX

ALLOWING COUNTIES TO ISSUE BONDS OR NOTES FOR A TRANSPORTATION REINVESTMENT ZONE

If approved by voters, this would broaden the scope to allow counties to join cities and ports to issue bonds or notes “to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the county, city, or town and to pledge for repayment of those bonds or notes increases in ad valorem tax revenues imposed on property in the area by the county, city, or town and other political subdivisions” (cities and ports currently can currently capture part of the increase in property value within a TRZ and put those funds back directly to use on transportation projects. This would allow counties to do the same and could foster regional transportation projects). We support this measure. HJR 99 was voted favorably from committee.

Passed House May 11 and passed in Senate May 27, filed with Secretary of State to be placed on statewide ballot in November


House Bill 114 – Filed by Representative Steve Toth (R) Spring, TX

RESTRICTIONS ON CERTAIN STATE AGENCY ACTIONS RELATING TO HIGH-SPEED RAIL PROJECTS

(Representative Toth has used inflammatory language trying to kill the Texas Central high-speed rail project between North Texas and Houston. He has blasted the project as a “deception” and “scam” and “involving deeding Texas land to the Japanese government” along with other comments. He filed a bill in the previous session that would have denied state agencies from working with a private entity. This bill specifically and unfairly targets high-speed rail projects).

Refered to House Transportation February 25

This bill died


House Bill 448 – Filed by Representative Ernest Bailes (R) Shepherd, TX

EMINENT DOMAIN AUTHORITY

Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty. (Posted here because of potential eminent domain concerns that could indirectly affect railroads).

Bill died in the Senate


House Bill 1054 – Filed by Representative Cecil Bell (R) Montgomery, TX

BOND TO RESTORE LAND TO ORIGINAL CONDITION IF A HIGH SPEED RAIL PROJECT FAILS

Representative Bell has filed and joined on a number of bills in past legislative sessions in an attempt to stop a private corporation from building a high-speed rail project between Dallas and Houston. (He’s back at it again).

Referred to House Transportation March 4

This bill died


House Bill 1596 – Representative Yvonne Davis (D) Dallas, TX

RAILROAD CREW SIZE REQUIREMENTS, IMPOSING A PENALTY

Trains must operate with a minimum of two crew members. (This does not take into account short line railroads or yard operations of trains that may only require an engineer. Representative Davis files this bill every session).

Referred to House Transportation March 8

This bill died


House Bill 1759 – Representative Matt Krause (R) Fort Worth, TX

OPERATION OF VEHICLES AND CERTAIN EQUIPMENT AT RAILROAD GRADE CROSSINGS WHEN ON-TRACK EQUIPMENT IS APPROACHING

Common sense safety measures that drivers are to take when approaching railroad grade crossings (Representative Krause follows up on a great rail safety bill that passed last session, with this one). We support it.

Signed into law by Governor Abbott


House Bill 2203 – Representative Ramon Romero (D) Fort Worth, TX

EXPANDS HOW TRANSPORTATION AGENCIES CAN ENGAGE IN PUBLIC-PRIVATE PARTNERSHIPS

Filed on behalf of Trinity Metro, which does not the same ability as Dallas Area Rapid Transit, to participate in Transit Oriented Development programs through Public-Private Partnerships. We support this bill.

Bill died in the Senate


House Bill 2421 – Representative Yvonne Davis (D) Dallas, TX

DISCLOSURE OF INFORMATION COLLECTED BY A REGIONAL TRANSPORTATION AUTHORITY UNDER THE PUBLIC INFORMATION LAW

This would prohibit certain information about public transportation riders from being released through open records acts, including personal trip data, demographic and financial information. We support this bill.

Bill died in the Senate


House Bill 2730 – Representative Joe Deshotel (D) Beaumont, TX

THE ACQUISITION OF REAL PROPERTY BY AN ENTITY WITH EMINENT DOMAIN AUTHORITY

This bill spells out a landowners’ bill of rights (we applaud Representative Deshotel and the many parties that have been working on this landowners’ bill of rights for a long time. If passed, this should eliminate a lot of the convoluted bills that get filed every session on eminent domain that affect the rights of property owners.

We support House Bill 2730 and oppose House Bill 901 shown below. While similar to some degree, we do not agree with the language in HB 901. Signed into law by Governor Abbott


House Bill 3309 – Representative Cody Harris (R) Palestine, TX

OPTION CONTRACTS TO ACQUIRE PROPERTY FOR HIGH SPEED RAIL PROJECTS

If a high speed rail company files for bankruptcy an option contract is void (Doesn’t allow for a subsequent company to proceed with a project if the original company goes belly up. Harris is back at it after filing a slew of anti-high speed rail bills last session).

Referred to House Transportation March 19

This bill died


House Bill 3310 – Representative Jake Ellzey (R) Waxahachie, TX

ACQUISITION OF PROPERTY FOR CONSTRUCTING A HIGH SPEED RAIL PROJECT

A high speed rail company has to have ALL the property needed before construction can begin. (Not 99.9%, all of it). Ellzey is the newcomer taking over the “kill high-speed-rail” mantra from former Representative Wray. In his press release Ellzey said he has “furthered his commitment in leading efforts to stop the high speed rail project by filing HB 3310 and HB 3311. Ellzey said he is “concerned with the use of taxpayer monies to subsidize the project and the infringement on private property rights.” (This is a non-starter as State law already prohibits taxpayer money to subsidize high speed rail.)

Referred to House Transportation March 19


House Bill 3311 – Representative Jake Ellzey (R) Waxahachie, TX

COMPOSITION OF A STATEWIDE PASSENGER RAIL SYSTEM, COORDINATED BY TXDOT

HB 3311 ensures the Texas Department of Transportation (TXDOT) cannot spend money and facilitate the development of high-speed rail in Texas (So TxDOT would still have oversight on projects for highways, airports, maritime projects and other modes but not for high-speed rail? This is a new end-run of bills to kill high speed rail from previous sessions).

Referred to House Transportation March 19

This bill died


House Bill 3312 – Representative Cody Harris (R) Palestine, TX

DISPOSITION OF PROPERTY FOR HIGH SPEED RAIL PROJECTS

Sets way high barrier limits on property used for a high speed rail project (Not reasonable).

Pending in House Land and Resource Management March 30

This bill died


House Bill 3633 – Representative Ben Leman (R) Brenham, TX

ESTABLISHING A HIGH SPEED RAIL LEGISLATIVE REVIEW COMMITTEE

A bill loaded up with lots of gotchas to prevent a high speed rail project ever being built in Texas (Every session Representative Leman looks for new and creative ways to keep Texans from travelling by high speed trains).

Pending in Land and Resource Management Committee March 30

This bill died


House Bill 3954 – Representative Richard Pena Raymond (D) Laredo, TX

SAFETY STANDARDS OF CERTAIN RAIL EMPLOYEES, REQUIRING AN OCCUPATIONAL PERMIT

This bill would add additional safety requirements for rail employees from Mexico that operate trains across the border into Texas (Any Mexican (or US) employee is subject to the jurisdiction of the Federal Railroad Administration when they are working in the United States so this bill may be superseded by federal law).

Pending in House Transportation Committee April 27

This bill died