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John Wray

Where do we stand with the anti-Texas Central bills?

They’re in the House, and we’ll see what happens from there.

The four bills before the House Transportation Committee represented some of opponents’ latest efforts to stop the project in its track. But project supporters and Texas Central Partners executives told the committee that some of the bills were unusually anti-free market for Republican-backed legislation in Texas.

“’A better business environment than Texas’ is not a phrase that I’m used to saying, but that’s what this bill contemplates and it’s not how we do things here,” Texas Rail Advocates executive director Chris Lippincott said about House Bill 2104.

That legislation would require any private companies building high-speed rail lines to file a bond that would cover the cost of reverting all land bought for the project back to its previous use if train service ever stops. Texas Central leaders said such a requirement would be so costly that it would deter potential investors from putting money into the rail line.

“The project would never get built,” Texas Central president Tim Keith said.

The bills debated this week were left pending in the House transportation committee. They are among more than 20 pieces of legislation filed by 10 lawmakers in both chambers aimed at the project. But with just a few weeks left in the session, no bill that could fatally disrupt ongoing development of the rail line has passed either chamber. And legislators have so far had little traction with bills or maneuvers that would prohibit the company from using eminent domain to acquire land needed for the project.

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Another bill before the House committee, House Bill 2163, would require that the bullet train tracks running through Dallas, Ellis, Waller and Harris counties be built on columns that are 40 feet high. Much of the rural opposition is rooted in fears that the train tracks will divide existing properties and form a barrier restricting the movements of people, livestock and other animals. They also say it will restrict development spilling over from the state’s major metro areas.

“The best way to protect growth and development in that area is for this train to be elevated on pylons on a viaduct,” said the bill’s author, state Rep. John Wray, R-Waxahachie.

Company officials said they can’t yet commit to building the track at 40 feet for such long distances because the project is still going through environmental review. But Keith said 60 percent of the tracks will be on viaducts. And he told Wray that expected population growth is a factor when the company considers where to raise the tracks on viaducts instead of earthen berms.

One tweak to state law pushed by opponents of the project is not currently drawing Texas Central’s opposition. House Bill 2172 would prevent legislators from spending state funds to plan, build, maintain or operate a privately owned high-speed rail line. That is the companion legislation to Senate Bill 977, which the upper chamber passed last month. Both bills have wording similar to a provision in the Senate’s proposed budget.

“As we’ve repeatedly stated, this is being built without state money,” Keith said. “The bill is consistent with our plan of finance.”

See here for the background on the Senate bills that had been passed out of committee. In addition to SB977, two more bills were subsequently passed by the full Senate, SB979 and SB975. The House bills mentioned in this story, all of which were left pending in committee on Thursday, would need to be passed out of committee today as that’s the deadline for any bill to receive final consideration. I’ll keep an eye on that and check back later. All things considered, so far things don’t look too bad for Texas Central, but as we know with the Lege, it ain’t over till sine die.

Here come the anti-Texas Central bills

From the inbox:

[Tuesday], a group of key state lawmakers filed a slate of legislation to push back against Texas Central Railway’s controversial proposal to construct a high-speed rail line between Dallas and Houston. Senators Birdwell (R-Granbury), Creighton (R-Conroe), Kolkhorst (R-Brenham), Perry (R-Lubbock), and Schwertner (R-Georgetown) joined with Representatives Ashby (R-Lufkin), Bell (R-Magnolia), Cook (R-Corsicana), Schubert (R-Caldwell), and Wray (R-Waxahachie) to file a total of 18 bills addressing a number of concerns ranging from protecting landowners threatened by eminent domain abuse to ensuring the state isn’t later forced to bail out the private project with taxpayer dollars.

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The following bills were filed this morning:

SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a private high-speed rail entity from entering private property to conduct a survey unless the Texas Department of Transportation (TxDOT) first determines that the surveying entity is, in fact, a railroad.

SB 974 by Creighton/HB 2181 by Cook (Option Contract Protection) – voids any high-speed rail option contracts held by a high-speed rail entity upon a bankruptcy initiated by or against the entity.

SB 975 by Birdwell/HB 2169 by Schubert (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 (No Taxpayer Bailout) – prohibits the legislature from appropriating new funds, or allowing state agencies to utilize existing funds, to pay any costs related to the construction, maintenance, or operation of a private high-speed rail in Texas.

SB 978 by Schwertner/HB 2104 Bell (Property Restoration Bond) – requires a private high-speed rail entity to file a bond with the Texas Department of Transportation (TxDOT) sufficient to restore property used for the rail service to the property’s original conditions if the service ceases operation.

SB 979 by Schwertner/HB 2179 by Cook (Right of Repurchase for Non-HSR Use) – prohibits an entity that operates or plans to operate a high-speed rail from using property acquired for purposes other than high-speed rail. If the high-speed rail authority doesn’t use the property for that specific purpose, the original landowner must be given the opportunity to repurchase the land.

SB 980 by Schwertner/HB 2167 by Schubert (Put Texas First) – prohibits any state money from being used for any purpose related to a privately owned high-speed rail, unless the state acquires and maintains a lien in order to secure the repayment of state funds. Requires that the state’s lien be superior to all other liens, effectively making Texas a priority creditor.

SB 981 by Kolkhorst/HB 2162 by Wray (Interoperability) – requires an entity constructing a high-speed rail line in Texas to demonstrate compatibility with more than one type of train technology.

SB 982 by Perry/HB 2173 by Ashby (High-Speed Rail Feasibility Study) – upon request of a legislator, the Texas Department of Transportation (TxDOT) must generate a feasibility study of a proposed high-speed rail project. The study must indicate whether the project is for a public use, whether it will be financially viable, and what impact of the project will have on local communities.

The full press release is here, and a Chron story about it is here. I was expecting some bills to be filed for the purpose of throwing sand in TCR’s gears, but this was more than I expected. Still, the basic dynamics of this fight have not changed as far as I can tell. The legislators leading it are primarily rural – even the ones who are based in suburban areas represent a lot of rural turf as well – and there are only so many of them. I’ve yet to see any legislator from a big urban area sign on to this. Which is not to say that at least some of them won’t go along with their rural colleagues, especially the urban Republicans, but that’s the ground on which this battle will be fought and won. If these legislators can convince enough of their urban colleagues to join them, then TCR is in a world of hurt. If not – if TCR can hold on to the urbanites – then it can survive the session and maybe get to a point where actual construction begins. Getting one or more of Greg Abbott, Dan Patrick, Joe Straus, and Ken Paxton to pick a side would help that faction greatly as well. Keep an eye on these bills as the committee hearings get off the ground. The DMN has more.