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May 16, 2007
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Train privatization awaits governor
Rep. Chuck Hopson expresses frustration with TPWD officials in Austin
BY LELAND ACKER

"They (TPWD) kept talking about keeping it, but everything they did kept moving toward privatization. Their actions did not back up their words. " -State Rep. Chuck Hopson
By a 135-3 vote, House Bill 3113, which will create the Texas State Railroad Operating Authority, was passed by the Texas House of Representatives. HB 3113 is the companion bill to Senate Bill 1659, authored by freshman Senator Robert Nichols (R-Jacksonville). The bill, which set the date for transfer of the railroad to the authority on Sept. 1, is pending Governor Rick Perry's approval.

While the bill establishes the operating authority, it did not include the appropriations in the amount of $12 million, which was requested by the operating agency for track rehabilitation and right-of-way maintenance.

Alicia Phillips, Sen. Nichols' press secretary, said the general consensus was that the funding might not be that high. Neverthe less, Ms. Phillips said the bill lays the groundwork to privatize the train.

Sen. Nichols praised the efforts of local citizens and government bodies to save the train.

"The people of Anderson and Cherokee counties have worked so hard to keep the railroad running," he said. "I'm extremely proud to be a part of their efforts and passing my first bill on behalf of the Texas State Railroad."

"This bill puts control of the railroad with those who have the most to gain or lose," said House sponsor Rep. Byron Cook (R-Corsicana). "I believe this partnership can keep the train running for years to come."

"Ultimately, we need to lay a groundwork to keep the train running," said Rep. Chuck Hopson (DJacksonville), who vied to keep the state railroad as a state park through a rider on the appropriations bill that would have given the state railroad $7.6 million to operate for the next two years. Rep. Hopson is also pursuing legislative action that will fund the train through bonds.

"If keeping the train as a state park is not an option, the best course of action is to let local citizens control the future of this remarkable tourist attraction," he said.

Rep. Hopson said while he is disappointed the railroad will no longer be a state park, he is glad to have a bill that keeps some control in state hands.

"Everybody knows we'll be watching to make sure that an East Texas landmark is not destroyed by commercialization," he said.

As for the request for $7.6 million, Rep. Hopson said that may still be needed to help with the transition. He said he is still working on bond packages to keep the railroad running through the transition period.

"The local park people in Tyler said it will be hard to make the transfer from May to September," Rep. Hopson said. "It could take a year to do this. I'm concerned for the state railroad employees. I don't want them to be dumped out after they've been there all these years.

"If it becomes a private entity, I wish them luck. I wanted to keep it as a park, make the repairs to the track and have the employees keep their jobs," he continued. "I did not want to privatize the train, but that is better than a static display. I want to keep the train running."

Rep. Hopson expressed frustration about his interaction with the Texas Parks and Wildlife Department (TPWD). He emphasized that frustration came from interaction with the officials in Austin, not those in East Texas.

"They (TPWD) kept talking about keeping it, but everything they did kept moving toward privatization," he said. "They'd say, 'we want to keep it running,' but their actions did not back up their words."

Rep. Hopson explained that with appropriations, TPWD would have to keep money going into the train.

"Parks lost the will to keep the train running," he said. Rep. Hopson explained how in a $12 million legislative appropriations request, TPWD only asked for $2.1 million to run the park as a static display, as opposed to $3.6 million to run it.

"They seem to want to turn it into a static display or have someone else take it over," he said, but added that TPWD expressed no interest in letting the Texas Historical Commission take over operation of the state railroad.

With the privatization bills being approved by the legislature and appropriations pending, the company set to take over operations of the train is American Heritage Railways.

American Heritage operates other historic tourists trains in Colorado and North Carolina.

"The moment we heard that the legislature had approved the privatization bill, we immediately signed the contract with Thomas the Tank Engine," said Al Harper, owner of American Heritage. "Thomas is definitely coming to the Texas State Railroad in October. Since we control the license for the Polar Express, I can guarantee that it will show up in December."

Mr. Harper said American Heritage could be ready to operate the train by Sept. 1. He said they will begin their organizational efforts as soon as the bill and appropriations are approved by the governor.

Mr. Harper addressed the growing concerns about the job security of the employees.

"I understand that the workers are nervous," he said. "I have never walked in the door of a business and let people go. There may be those who don't want to stay, or who want to continue to work for the state, but we don't want anyone to go."

Mr. Harper added that the vast majority of employees will be happy and excited. He also added that American "Parks lost the will to keep the train

running."

-State Rep. Chuck Hopson

Heritage will offer competitive wages and benefits.

"I can't match governments, but I am more than competitive when compared to private enterprise," he said. "I am not interested in anyone leaving."

He also added that the charity events that have been using the state railroad will continue and may even be enhanced.

Mr. Harper said American Heritage has a base agreement to begin operating the train. He said he sees no great issues which would hinder the transition.

Robert Crossman, state railroad superintendent, said until Sept. 1, it will be business as usual at the train.

"We'll just keep going like we're going. The law doesn't take effect until Sept. 1."