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Opinion October 24, 2007
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Fund transfer to AHR may not be legal
ROBERT N. CROSSMAN JR. Jacksonville

The 80th Texas Legislature passed House Bill 1659 establishing the Texas State Railroad Authority (TSRA) as the agency to receive the facilities of the Texas State Railroad Park from the Texas Parks & Wildlife Dept.

TPWD Rider 25 to the General Appropriations Bill (HB1) provided $2 million to be used as a match for a Transportation Enhancement Grant through TxDOT from the Federal Transportation Funds in the amount of $10 million.

These funds are based on 20 percent being escrowed in order to apply for these funds.

The Legislative Budget Board has apparently not approved the contract between TPWD and TSRA. TSRA is eager to get the $2 million so they can loan it to American Heritage Railways.

I believe it is not legal for TSRA to use this for any purpose other than as specified in Rider 25. Since the Legislature is not in session there does not seem to be anyway to change the provisions of the rider.