Local government officials could learn from Senator Schwertner and put into place measures to protect local taxpayers and land owners from expensive, non-economic local rail projects.
Here is the article published on Senator Schwertner's facebook page.
Lawmakers Take
Action to Derail Bullet Train between Dallas and Houston
AUSTIN,
TX - Today, 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.
"This
group of foreign investors is threating to seize family farms, physically
divide the state of Texas, and have a gravely detrimental impact on the
citizens I represent," said State Representative Leighton Schubert.
"At a minimum, the people of Texas deserve reasonable reassurances that
their private property rights will be respected and that they will not be left
holding the bag if this ill-conceived project fails."
In
addition to the brewing controversies over eminent domain and the general
regulation of high-speed rail, a number of questions remain unanswered
regarding the specific details of Texas Central's proposal. While TCR has
claimed that the project will cost just $12 billion to complete, an independent
analysis from the Texas Department of Transportation (TxDOT) puts that estimate
at closer to $18 billion.
Critics
have also raised grave concerns about the overall financial viability of the
project, noting that without some form of government subsidy, Texas Central
will find it virtually impossible to meet their stated ridership estimates at
prices competitive with existing modes of transportation.
"This
legislation will ensure that the property rights of our constituents are
respected and state taxpayers aren't asked to bail out this project when costs
inevitably exceed stated projections and ridership fails to meet
expectations." said Senator Charles Schwertner, expressing his serious
doubts about the long-term financial viability of the project. Schwertner went
on to cite a recent independent study by the Reason Foundation which indicates
a proposed high-speed rail between Dallas and Houston will lose over $537
million a year and could cost taxpayers up to $21.5 billion.
"I
won't stand by while good people are forced to give up their private property
rights for a rail project that will bring little to no economic benefit to our
region," Representative Ashby stated. "The opposition to this project
has been loud and clear in my district, and I'm proud to stand by the people I
represent in fighting for more transparency and thoughtfulness when it comes to
projects that affect Texas."
The
current conflict between foreign developers and rural landowners is reminiscent
of a similar debate over the so-called Trans-Texas Corridor, a
highly-controversial and similarly ambitious statewide transportation project
that dominated Texas politics for much of the last decade. Following intense
opposition from conservative interest groups, state lawmakers, and rural
landowners the project was ultimately abandoned.
"Since
the proposed high-speed rail project stretches across Texas, we need to make
sure all of the necessary data and research has been completed to ensure
private property rights are being protected." said Senator Charles Perry,
a key member of the Senate Transportation Committee.
"Transportation
is a critical issue for our state, which requires thoughtful and pragmatic
solutions for today and the future," added Representative Wray.
"Texas Central has failed to demonstrate a viable or comprehensive plan
addressing the real mobility needs of our state, and the legislation filed
today seeks to address the legitimate issues posed by this project."
State
Senator Brian Birdwell, himself a survivor of the September 11, 2001, terror
attack on the Pentagon, expressed substantial concerns regarding what security
measures will be taken to screen passengers and protect the rail-line from a
potential terrorist attack. "For two years I have been an outspoken
opponent of this project and the negative impact it would have on the citizens
I represent," said Birdwell. "I'm pleased to be filing
security-focused legislation to ensure the safety of all Texans should any
future high-speed rail project be undertaken in our state."
In
July, the Surface Transportation Board dealt a substantial blow to Texas
Central's high-speed rail proposal, determining the federal government lacked
the authority to grant eminent domain powers to TCR or otherwise regulate the
proposed high-speed train. Since then, it's become increasingly unclear whether
TCR has the actual legal authority to take land from private property owners
along the train's proposed path or regulatory framework necessary to operate a
high-speed train in Texas.
"It
is not a railroad, and therefore, it does not have eminent domain
authority," added Representative Byron Cook, Chairman of the House State
Affairs Committee which oversees most eminent domain legislation. "If any
train were ultimately to be built, the idea of using a proprietary Japanese
technology that is incompatible with other rail technologies used in our state
is very problematic. If this initiative is eventually approved, Texas must
require a fully vetted, statewide master plan that involves the Texas
Department of Transportation."
"I
still have doubts about whether a high-speed rail project makes sense for
Texas. Taxpayers should not be expected to pay the bill if the project
fails," said Senator Brandon Creighton.
Representative
Cecil Bell, Jr. echoed that sentiment, adding: "Without taxpayer dollars,
the project in Texas is on track to fail. My bill would require that at the
beginning of such a project, the company take steps to ensure the restoration
of this beautiful part of rural Texas if the project ceases to operate."
"Texans
have always had a deep respect for the land and for the law," added
Senator Lois Kolkhorst. "That's why the Legislature must tread lightly
when property rights are at risk."
The
elected officials mentioned above have worked throughout the interim with
Texans Against High-Speed Rail (TAHSR). This group represents thousands of
affected landowners who are saying 'no' to the project. Kyle Workman, spokesman
for TAHSR, remains confident in the work put forth by the aforementioned
elected officials.
"All
of these offices, and many more of their colleagues, have been engaged with our
team to make sure that the voices of their constituents are heard loud and
clear," said Workman. "We're happy to have these Senators and State
Representatives on our team as we make progress against the high-speed rail
train."
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.
https://www.facebook.com/notes/dr-charles-schwertner/lawmakers-take-action-to-derail-bullet-train-between-dallas-and-houston/10155019208559929
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