2 Ways Texas Laws Can Block High Speed Rail

The questions will be first answered by Attorney General Opinion request, RQ-0113-KP, and in all likelihood later answered by the courts.

  • Is Texas Central Rail a railroad under Texas law, if it hasn’t built a railroad?
  • Does Texas law grant Texas Central Rail eminent domain authority, if it isn’t a railroad? or, if it is a railroad?

Slate | Will Texas Law Trip Up a $10 Billion High-Speed Rail Project?

Lege TREND. Statewide Pay as you Drive in the Northwest.

Which state will move legislation to make its pay as you drive pilot permanent? Oregon

Which cars will be hit by the proposed pay as your drive tax structure? 

  • Could hit certain car types- “bonjour, electric cars,” the taxman says .
  • Could hit all cars, a subset of cars, purchased after a certain future date.

The Oregonian | Oregon lawmakers could look at pay-by-the-mile transportation tax in 2017

 

INTERIM. Trend. Sharing Economy. New Ride Share Rules in Chicago. 3 Key Pieces of Intel.

The new ride share regulations passed this week in Chicago will:

  • NO required fingerprint background checks for drivers
    • fingerprinting rules will be studied for 6 months
    • the requirement was dropped to avoid major comapnies pulling out of Chicago ride share
  • Requires drivers to take a 1-day online course to get a chauffeur’s license
  • No drug testing for drivers

AP | Chicago Aldermen OK Less Restrictive Ride-Hailing Rules

Chicago Tribune | Aldermen OK weaker Uber rules after Emanuel threatens to adjourn chaotic meeting

State Representative Launches High Speed Rail Calculator

What high speed rail data is factored into the calculator?

  • one way fare cost
  • minimum passenger rates at the fare cost to keep high speed rail economically viable
  • financing costs
  • rate of return
  • train capacity
  • revenue
  • income
  • costs for maintenance and operation
  • costs for principle and interest finance
  • costs for shareholder profit

The purpose of the calculator? If high speed rail finances go south, the State of Texas will foot the bill.

Rep. Bell Press Release | BELL LAUNCHES HIGH SPEED RAIL CALCULATOR 

Cecil Bell Jr. Campaign | High Speed Rail Calculator

The Compromise Idea. A TX House Chairman is Open to Statewide Ride Share Rules

Chairman Pickett suggests this compromise to address finger print requirements for ride share companies:

“riders could specifically request drivers who had undergone fingerprint-based FBI background checks”

It’s extreme local control. Let the rider control. 

El Paso Times | Pickett open to compromise on ridesharing rules

A.G. Opinion. The Key Intel Wanted on Texas Central Rail.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

  • surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
  • pre-condemnation access can only exist because the entity has the power of eminent domain
  • High Speed Rail has gone so far as taken landwoners to court for not allowing pre-condemantion access
  • High Speed Rail claims Sections 81.002, 112,051, 112.053, 131.011 and 131.012 of the Transportation Code support that it is a railroad that has eminent domain authority under the Transportation Code
  • High Speed Rail meets neither the formation date requirement nor the current operation as a railroad requirements of Transportation Code Sections 81.002 
  • High Speed Rail fails to meet the definition of interurban electric rail in Section 113.011 and 113.012 because Texas old civil statutes define interurban electric rail and it is not high speed rail for these reasons:
    • High Speed Rail is not a Section 81.002 railroad
    • Civil Statutes show interurban electric rail was to connect suburbs with their cities
    • Interurban rail has to be completed within 1 year of condemnation
    • They sell energy to the public
    • Require municipal approval for tracks that traverse a city

KOXE | Lawmaker Revives Eminent Domain Question for Dallas-Houston High Speed Rail Project

Gilmer Mirror | Lawmaker Revives Eminent Domain Question for Bullet Train

 

INTERIM. TREND. Ride Share Leaves a City. What happens?

Small Ride Share companies step in to fill the void. Here’s what happened in Austin:

  • 6 small ride share companies started operating
  • 1 nonprofit ride share is emerging
  • Business trends emerge to distinguish small ride share from large ride share by:
    • allowing preferred drivers to be selected
    • allowing for pre scheduled rides
    • company pledges to not surge price rides

 

Governing | When Uber Leaves, What Happens?

4 Things to Know about the Lawyer Volunteering to Stop Texas High Speed Rail

The lawyer: Blake Beckham

His legal style: Rottweiler-styled lawyer

Coordination with opponents to high speed rail: Yes. He spoke to Ellis County landowners and was described as putting “wind in the sails”

The Way He Sees to Stop Eminent Domain by Texas Central Rail: By declining Congressional approval of the route, without the route approved, there can be no eminent domain

Ennis Daily News | Beckham vows to fight bullet train