81C230(1) JTS

 

PROPOSED LANGUAGE

TITLE 112 REVISED STATUTES CONFORMING AMENDMENTS

 

 

SECTION ____.  Section 48.03, Alcoholic Beverage Code, is amended to read as follows:

Sec. 48.03.  ELIGIBILITY FOR PERMIT.  The commission or administrator may issue a passenger train beverage permit to any corporation organized under the Business Organizations Code or former Title 112, Revised Statutes, or under the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.), operating a commercial passenger train service in or through the state.  Application and payment of the fee shall be made directly to the commission.

SECTION ____.  (a)  Section 2.003, Business Organizations Code, is amended to read as follows:

Sec. 2.003. GENERAL PROHIBITED PURPOSES.  A domestic entity may not:

(1)  engage in a business or activity that:

(A)  is expressly unlawful or prohibited by a law of this state;  or

(B)  cannot lawfully be engaged in by that entity under state law;  or

(2)  operate as a:

(A)  bank;

(B)  trust company;

(C)  savings association;

(D)  insurance company;

(E)  [railroad company;

[(F)]  cemetery organization, except as authorized by Chapter 711, 712, or 715, Health and Safety Code;  or

       (F) [(G)]  abstract or title company governed by Title 11, Insurance Code.

(b)  Section 2.006, Business Organizations Code, is repealed.

(c)  This section takes effect September 1, 2009.

SECTION ____.  Section 64.072(d), Civil Practice and Remedies Code, is amended to read as follows:

(d)  A court may not extend a corporate receivership for more than five years beyond the original three years, except that the court may extend for any additional period the receivership of a corporation organized and existing under Article 3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article 1302-3.05, Vernon's Texas Civil Statutes), or a railroad corporation organized under the Business Organizations Code or former Title 112, Revised Statutes.

SECTION ____.  Section 101.0817, Government Code, is amended to read as follows:

Sec. 101.0817.  STATUTORY COUNTY COURT FEES AND COSTS UNDER OTHER LAWS.  The clerk of a statutory county court shall collect a  fee of $10 under Section 112.059, Transportation Code [Article 6327, Vernon's Texas Civil Statutes], for a county attorney in a suit regarding a railroad company's failure to keep roadbed and right-of-way in proper condition.

SECTION ____.  (a) Subtitle A, Title 5, Transportation Code, is redesignated as Subtitle B, Title 5, Transportation Code.

(b)  The heading to Subtitle A, Title 5, Transportation Code, is amended to read as follows:

SUBTITLE B [A]. STATE RAIL FACILITIES [TEXAS DEPARTMENT OF TRANSPORTATION]

SECTION ____.  Section 91.004(c), Transportation Code, is amended to read as follows:

(c)  Subsection (b) does not apply to money appropriated or allocated:

(1)  to a transit authority described by Chapter 451, a transportation authority described by Chapter 452 or 460, or a transit department described by Chapter 453; or

(2)  for use by:

(A)  a port authority or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; or

(B)  a district created under Chapter 172 of this code or Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (former Article 6550c, Vernon's Texas Civil Statutes).

SECTION ____.  Sections 171.001(2), (4), and (5), Transportation Code, are amended to read as follows:

(2)  "Bonds" has the meaning assigned by Section 172.001 [Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)].

(4)  "Rail facilities" has the meaning assigned by Section 172.001 [Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)], except that the term includes property and interests necessary or convenient for the provision of a nonrural rail transportation system.

(5)  "Revenue" ["Revenues"] has the meaning assigned by Section 172.001 [Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)].

SECTION ____.  Section 171.002, Transportation Code, is amended to read as follows:

Sec. 171.002.  APPLICABILITY OF RURAL RAIL TRANSPORTATION DISTRICTS LAW.  (a)  Except as provided by this chapter, the provisions of Chapter 172 other than Section 172.003 [Sections 2-9, Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes),] apply to a district as if the district were created under that chapter.

(b)  For purposes of applying Chapter 172 [623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes),] to a district created under this chapter, a reference to "rail facilities" in Chapter 172 [Chapter 623] means "rail facilities" as defined by Section 171.001.

(c)  For purposes of applying Chapter 172 [623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes),] to a district created under this chapter, a reference in Chapter 172 [Chapter 623] to "eligible county" means a county that created the district.

SECTION ____.  Section 171.053, Transportation Code, is amended to read as follows:

Sec. 171.053.  INTERMUNICIPAL COMMUTER RAIL DISTRICT POWERS.  The governing bodies of the county or counties and of the most populous municipality in the most populous county may provide that the district may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, by specifying in the concurrent order or ordinance creating the district that those powers may be exercised by the district.

SECTION ____.  Section 171.154, Transportation Code, is amended to read as follows:

Sec. 171.154.  INTERMUNICIPAL COMMUTER RAIL POWERS.  (a)  The district may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, only if the concurrent order or ordinance creating the district specifies that the district may exercise those powers.  The order or ordinance may not grant the district the power to impose a tax.

(b)  In the event of a conflict between this chapter and a power granted by Chapter 173 [Article 6550c-1, Revised Statutes], this chapter controls.  In the event of a conflict between Chapter 173 [Article 6550c-1] and Chapter 172 [Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)], Chapter 172 [Article 6550c] controls over Chapter 173 [Article 6550c-1].

SECTION ____.  Section 171.251, Transportation Code, is amended to read as follows:

Sec. 171.251.  PLEDGE OF REVENUE [REVENUES].  A district may secure and pledge revenue [revenues] derived from any source to secure the payment of district bonds.

SECTION ____.  Section 171.302, Transportation Code, is amended to read as follows:

Sec. 171.302.  DISSOLUTION.  In addition to the dissolution procedures provided by Chapter 172 [Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)], the board may dissolve a district if:

(1)  all district liabilities have been paid or adequate provision has been made for the payment of all liabilities;

(2)  the district is not a party to any lawsuits or adequate provision has been made for the satisfaction of any judgment or order that may be entered against the district in a lawsuit to which the district is a party; and

(3)  the district has commitments from other governmental entities to assume jurisdiction of all district rail facilities.

SECTION ____.  Section 370.186(d), Transportation Code, is amended to read as follows:

(d)  An authority may not construct, maintain, or operate a passenger rail facility within the boundaries of an intermunicipal commuter rail district created under former Article 6550c-1, Vernon's Texas Civil Statutes, as those boundaries existed on September 1, 2005, unless the district and the authority enter into a written agreement specifying the terms and conditions under which the project will be undertaken.

SECTION ____.  Section 452.056(d), Transportation Code, is amended to read as follows:

(d)  A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that, on or after June 14, 1989, performs a function of the authority or an entity described by Section 452.0561 [under Title 112, Revised Statutes,] that is created to provide transportation services is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function and only for a cause of action that accrues on or after that date.

SECTION ____.  Section 25.07(b), Tax Code, as amended by Chapters 609, 885, and 1169, Acts of the 80th Legislature, Regular Session, 2007, is reenacted and amended to read as follows:

(b)  Except as provided by Sections 11.11(b) and (c), a leasehold or other possessory interest in exempt property may not be listed if:

(1)  the property is permanent university fund land;

(2)  the property is county public school fund agricultural land;

(3)  the property is a part of a public transportation facility owned by a municipality or county and:

(A)  is an airport passenger terminal building or a building used primarily for maintenance of aircraft or other aircraft services, for aircraft equipment storage, or for air cargo;

(B)  is an airport fueling system facility;

(C)  is in a foreign-trade zone:

(i)  that has been granted to a joint airport board under Subchapter C, Chapter 681, Business & Commerce Code;

(ii)  the area of which in the portion of the zone located in the airport operated by the joint airport board does not exceed 2,500 acres; and

(iii)  that is established and operating pursuant to federal law; or

(D)(i)  is in a foreign trade zone established pursuant to federal law after June 1, 1991, that [which] operates pursuant to federal law;

(ii)  is contiguous to or has access via a taxiway to an airport located in two counties, one of which has a population of 500,000 or more according to the federal decennial census most recently preceding the establishment of the foreign trade zone; and

(iii)  is owned, directly or through a corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code), by the same municipality that [which] owns the airport;

(4)  the interest is in a part of:

(A)  a park, market, fairground, or similar public facility that is owned by a municipality; or

(B)  a convention center, visitor center, sports facility with permanent seating, concert hall, arena, or stadium that is owned by a municipality as such leasehold or possessory interest serves a governmental, municipal, or public purpose or function when the facility is open to the public, regardless of whether a fee is charged for admission;

(5)  the interest involves only the right to use the property for grazing or other agricultural purposes; [or]

(6)  the property is:

(A)  owned by a municipality, a public port, or a navigation district created or operating under Section 59, Article XVI, Texas Constitution, or under a statute enacted under Section 59, Article XVI, Texas Constitution; and

(B)  used as an aid or facility incidental to or useful in the operation or development of a port or waterway or in aid of navigation-related commerce; or

       (7) [(8)]  the property is part of a rail facility owned by a rural rail transportation district [created or] operating under Chapter 172, Transportation Code [623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes)].