November 24, 2024 - TRA Newswire -

It's deja vu at the state capitol as anti high-speed rail bills are filed in advance of the start of the 2025 legislative session in mid-January.

Two bills for the 2025 session have been filed by rural state Texas representatives, both designed to kill high-speed rail projects in the state. 

Representative Brian Harrison (R-Waxahachie) filed House Bill 663 which states "A private entity may not exercise the power of eminent domain for the purpose of developing or operating high-speed rail".

In a Supreme Court ruling in 2022, Texas justices ruled in favor of Texas Central, a private entity, that would allow the railroad to obtain land for a high-speed rail line from Dallas to Houston. if passed, this bill would override the state supreme court decision. 

Representative Cody Harris (R-Palestine) filed House Bill 1402 this past week. If passed, the Texas Legislature would be prohibited to appropriate money for the “cost of planning, facility construction or maintenance, or security for, promotion of, or operation of, high-speed rail operated by a private entity.”

This would effectively shut out the Texas Department of Transportation from even safety oversight of a high-speed rail project. Cody's bill would also not allow public money to be spent to pay for an alteration of a roadway related to high-speed rail construction.  

Harris and Harrison's bills are originally crafted to stop a Texas Central/Amtrak project that is in progress between Dallas and Houston but could have an adverse effect on bills that have been filed to advance high-speed rail development in the I-35 corridor between Dallas-Fort Worth, Austin and San Antonio. 

Dozens of anti high-speed rail bills have been filed over the last five legislative sessions, with only two advancing into law. One encompasses safety and oversight but the one that hurts development of intercity passenger rail in the state prohibits the legislature spending any funds on high-speed rail projects.  

Follow freight and passenger rail bills in the 2025 session here: https://www.texasrailadvocates.org/issues/2025-texas-legislature-rail-issues

Text of the anti high-speed rail bills:

House Bill 663 - Harrison

Relating to limitations on the applicability of certain statutes to high-speed rail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 112.002, Transportation Code, is amended by amending Subsection (b) and adding
Subsection (c) to read as follows:

(b)  A railroad company may:

(1)  sue, be sued, plead, and be impleaded in its corporate name;

(2)  have and use a seal and alter the seal at will;

(3)  receive and convey persons and property on its railway by any mechanical power, including the use of steam;

(4)  regulate the time and manner in which, and the compensation for which, passengers and property are transported, subject to the provisions of law;

(5)  except as provided by Subsection (c), exercise the power of eminent domain for the purposes prescribed by this subtitle or Subtitle D;

(6)  purchase, hold, and use all property as necessary for the construction and use of its railway, stations, and other accommodations necessary to accomplish company objectives, and convey that property when no longer required for railway use; and

(7)  take, hold, and use property granted to the company to aid in the construction and use of its railway, and convey that property in a manner consistent with the terms of the grant when the property is no longer required for railway use.

(c)  A private entity may not exercise the power of eminent domain for the purpose of developing or operating high-speed rail, as defined by Section 111.103,112.201, or 199.003.

SECTION 2.  Subchapter B, Chapter 131, Transportation Code, is amended by adding Section 131.0115 to read as follows:

Sec. 131.0115.  INAPPLICABILITY TO HIGH-SPEED RAIL.  This subchapter does not apply to high-speed rail, as defined by Section 111.103, 112.201, or 199.003.

House Bill 1402 - Harris

Relating to a prohibition on the use of public money to pay for the alteration of a roadway related to high-speed rail construction.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  The heading to Section 199.003, Transportation Code, is amended to read as follows:

Sec. 199.003.  USE OF PUBLIC [STATE] MONEY FOR HIGH-SPEED RAIL.  

SECTION 2.  Sections 199.003(a) and (b), Transportation Code, are amended to read as follows:

(a)  For the purposes of this section: [,]

(1)  "High-speed [high-speed] rail" means intercity passenger rail service that is reasonably expected

to reach speeds of at least 110 miles per hour.

(2)  "Public money" means money of this state, a state agency, or a political subdivision of this state or money the state, state agency, or political subdivision controls or directs.

(b)  Except as required by federal law or other state law, including the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.): 

(1)  the legislature may not appropriate money to pay for a cost of planning, facility construction or maintenance, or security for, promotion of, or operation of, high-speed rail operated by a private entity; [and]

(2)  a state agency may not accept or use public [state] money to pay for a cost described by Subdivision (1); and

(3)  this state, a state agency, or a political subdivision of this state may not use public money to pay for the alteration of a roadway related to the construction of a high-speed rail project operated by a public or private entity.

SECTION 3.  This Act takes effect September 1, 2025.