TSR faces major changes
Sen. Nichols, Rep. Cook file privatization bills
BY TERRIE GONZALEZ

The Texas State Railroad's new brochure is "hot off the press," but the date on the cover only lists the operating schedule through August 2007.

Two bills were filed last Thursday in Austin to privatize the Texas State Railroad and create a rail authority to oversee the transfer from the Texas Parks & Wildlife Department.

State Sen. Robert Nichols (R-Jacksonville) is calling the bill to privatize "a dual track."

While efforts are underway to have the train continue with state funding under the management of the Texas Parks & Wildlife Department, house and senate versions of a bill create a rail authority that can negotiate with an operator and privatize the tourist train which runs between Rusk and Palestine.

Sen. Nichols filed SB 1659 concurrently with state Rep. Byron Cook (R-Corsicana), who submitted HB 3113. Sen. Nichols' press statement included Rep. Cook as well as state Rep. Chuck Hopson (D-Jacksonville), whose legislative districts encompass the Texas State Railroad.

The language in the 17-page bill was initially authored by former state Sen. Todd Staples (R-Palestine). However, the bill has been modified in recent drafts, and references to eminent domain have been removed. The bill outlines the scope of the rail authority and specifies that seven directors will serve staggered, three-year terms. The mayors of Rusk and Palestine will each appoint three directors, with a seventh member elected by a majority of the directors.

The operating board will be given broad power to lease and convey property to a private operator, as well as the authority to issue bonds. Officials at TPWD have said that infrastructure at the train, including more than 28 miles of track, will need $40-$60 million in repairs over the next decade.

"I have not given up on keeping the train funded by the state," state Rep. Hopson (D-Jacksonville) told the Cherokeean Herald at 9 p.m. Thursday in a telephone interview from his Capitol office. "My number one priority is to keep the railroad rolling with TPWD. My number two priority is to keep the train rolling."

Legislators are being bombarded with options on the popular tourist train.

The TPWD has a budget request pending for $2.2 million to convert the train into a static exhibit. Another legislative appropriation request (LAR) for $11.8 million will fully fund the train for two years and begin needed repairs to infrastructure. But without additional funding for the railroad, the Texas Parks and Wildlife Department will convert the train into a static display on Sept. 1.

"As an alternative to a static display, the communities of Palestine and Rusk have joined together to find an outside entity to maintain and expand train operations under the oversight of the operating agency. HB 3113 and SB 1659 give the local operating agency the needed authority to pursue such a plan," said Sen. Nichols.

"It is vital that we keep the train running," said Rep. Hopson. "If the state doesn't come through with full funding for the train, we will need to pursue other options. By pursuing this legislation now, we can keep the option of an outside operator available."

The TSR Operating Agency, using a portion of the $95,000 in funds netted from the Save the Train event in October 2006, has retained a lobbyist to make certain legislators are familiar with the bills to privatize the train.

The TSROA recently announced they had screened and interviewed four businesses interested in operating the Texas State Railroad. The frontrunner is American Heritage Railway of Durango, Colo.

An outspoken opponent of privatization is Dr. Michael Banks, president of Save Texas Parks. "A private operator will not work and we will be left without a railroad," he said. "This is not just my opinion, but the opinion of many smarter and more experienced than me. I am just the conduit."

He said his group will work to defeat the bills.