Bill Caption

Relating to coordinated county transportation authorities.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

This legislation would amend the Transportation Code to cap the aggregate liability of a coordinated county transportation authority and a railroad that enter into an agreement to provide public passenger rail services, and the governing boards, directors, officers, employees, and agents of the authority and railroad, for all claims for damages arising from a single incident involving the provision of public passenger rail services under the agreement to $125 million.  This bill specifically addresses railroad facilities, freight rail lines and rail rights-of-way located in the Interstate 35W/Interstate 35 corridor or a northern extension of existing passenger rail service provided by the authority in the Interstate 35E corridor.

Also, this legislation removes the requirement that a coordinated county transportation authority pay relocation costs for property relocated through an exercise of eminent domain.

Vote Recommendation Notes

While we are cautious regarding eminent domain issues, we understand that obtaining right-of-way for a rail line can be a tremendously burdensome task. Limiting the liability of counties in planning for additional, expanded, or re-routed right-of-way will reduce costs to the taxpayers. We support HB 1944 in the interests of limited government.