Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117); driver's license numbers (V.T.C.A., Government Code, Section 552.130), or commercial or financial information (V.T.C.A., Government Code, Section 552.110), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
Most of the maps in these records are too large to photocopy. See the photograph archivist for other copying options.
Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.
The Archives may not have the correct audio-visual equipment to play back all formats of video-cassettes. Check with the photograph archivist for more information.
Software needed to run the computer disks is unknown. At least one set of disks are labeled as Macintosh (MAC) files, it is unknown if all the disks are MAC files or if some run on IBM PC's instead.
(Identify the item and cite the series), Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
The pursuit of a high speed rail project in Texas began in earnest in
1987. In June of that year the 70th Legislature directed the Texas Turnpike
Authority (TTA) to study the feasibility of high speed rail service in the
The Texas High-Speed Rail Authority (THSRA or the Authority) was created in 1989 by the 71st Legislature (Senate Bill 1190, Regular Session). The governing board of the Authority was composed of 11 members. The governor, with the advice and consent of the senate, appointed three public members to overlapping six-year terms. The governor also appointed a current or past member of a board of an authorized metropolitan transit authority from a city with a population of 1.5 million or more; a current or past member of a regional transportation authority that contained a city of 800,000 or more; and a current or past member of the executive committee, a subregional board of directors, or the board of directors of a regional transportation authority with a subregion containing a city with a population of less than 800,000. The chairs of the State Board of Transportation and the Texas Turnpike Authority, and the three commissioners of the Railroad Commission served as exofficio members of the governing board of the Authority.
The Authority was charged with determining whether high-speed rail (HSR) was in the public interest, and if so, to award a franchise to operate a high-speed rail service to the most qualified applicant. The Board solicited letters of intent from potential applicants. Non-solicited parties were also welcome to submit letters. On July 19, 1990, two letters of intent were received - from Texas High-Speed Rail Joint Venture (later renamed Texas FasTrac) and the Texas TGV Consortium. A Request for Proposal (RFP) was published in September 1990. Two groups responded to the RFP - Texas TGV and Texas FasTrac, submitting franchise applications and the required franchise fees by the deadline of January 16, 1991.
Franchise applications were subject to review by independent advisors hired by the Authority. Six firms were chosen to review the franchise applications and report on specific topical areas in each application. Following the review process, each advisor submitted a report to the Authority on the topic(s) reviewed in the franchise applications. The reports were submitted to the Board and to all parties involved - each applicant and Southwest Airlines. Southwest Airlines was granted intervenor status for the franchise application hearing process. The reports provided THSRA with independent, objective analyses of the franchise applications. Additionally, each advisor team was represented during the franchise application hearing and was subject to cross-examination by all parties.
Franchise application hearings opened on March 25, 1991. Seventy-eight
witnesses and fourteen advisors to the THSRA testified at the hearings. Over
160 evidentiary and demonstrative exhibits were presented. A proposal for
decision was entered on May 10, 1991. This proposal recommended that the
Authority find that high-speed rail in Texas was in the
Texas TGV was awarded the franchise to build, operate, and maintain a high-speed rail system in Texas. The franchise agreement was signed on January 31, 1992 and included certain milestones by which its progress could be measured. Within two weeks of the signing, Texas TGV complied with three provisions of the agreement. It provided the remaining operating funds for the Authority's fiscal year 92 operating budget, it provided certification that it had met the necessary capitalization requirements of the agreement ($10 million capitalization, $3 million net worth), and it submitted a $2.5 million abandonment bond, to be used by the Authority in the event Texas TGV abandoned its franchise. The Equity Financing Commitment (EFC) became the most important milestone. Texas TGV failed to meet its deadline to evidence $170 million in equity financing agreements by December 31, 1992. The deadline was extended for one year.
The high-speed rail franchise agreement required that an independent
ridership study be conducted so that the public would have a more complete
examination of the revenue potential of the proposed high-speed rail project.
The study had to be initiated within 60 days of the execution date of the
franchise agreement. It was funded by the franchisee, Texas TGV, now also known
as the Texas High-Speed Rail Corporation. The consultant chosen to conduct the
study was Charles River Associates, which presented its findings to the Board
at its September 2, 1993 meeting. The final printed report was released in
October 1993. The study examined ridership with different alignments and
different air connect relationships. It was intended to be used by Texas TGV to
refine ridership estimates using different assumptions, different line haul
times, and different market response strategies. The Authority considered this
report to be
The franchise agreement also called for the preparation of an environmental impact statement (EIS) on the proposed project, as required by the National Environmental Policy Act. The board selected Woodward-Clyde Consultants, Inc. to prepare the EIS. A contract was signed on April 16, 1992.
Part of the EIS process included conducting public scoping meetings in communities affected by the project. At each scoping meeting, representatives of the Authority, Woodward-Clyde Consultants, and Texas TGV were present to answer questions and take input. Federal Railroad Administration (FRA) representatives were present at some of the meetings. Oral and written statements were given by local officials, local citizens, and others. Thirty-nine meetings were held between May 12 and June 25, 1992. Over 4000 people attended the meetings, with attendance in rural counties exceeding those in urban counties. The public comment period was held open until July 13 and over 15,000 separate comments were recorded. The Final Scoping Report was issued in late 1993. Concerns expressed centered on noise, economics, impacts on agricultural operations, socioeconomic impacts, financing, location of the route and stations, road closures, access issues, and impact on the quality of life, especially in rural areas. The vast majority of commentors in the rural areas were opposed to the high speed rail project, with comments from the urban areas mixed.
In December 1992, work on the EIS project was halted due to concerns over EIS consultant expenditures. Work was delayed until March 1993 for contract negotiations. In May 1993, the work summary and cost plan were reformed and contract issues were resolved. By December 1993 sufficient detail on the Alternative Analyses component of the project was done so work could proceed with baseline studies on different issues required by the EIS. Texas TGV and the EIS consultant developed work plans for the baseline studies and reviewed teams of consultants Texas TGV had chosen to conduct the studies. In January 1994 Texas TGV halted work on the baseline studies and dismissed its contractors due to financial deadlines in the franchise agreement. By March 1994, a draft alternative chapter of the EIS was completed and circulated for comments, but never released. By October 1994, due to cessation of environmental activity by Texas TGV, the THSRA board terminated its contract with the EIS consultant.
Another milestone required by the franchise agreement was the Baseline Implementation Plan. It was submitted on March 25, 1993. This plan detailed financing, engineering, designing, program management, construction, and operation elements of the high speed rail project.
After the ridership study was completed and the EIS process was well underway, Texas TGV prepared its EFC offering to investors. The offering was $200 million in convertible equity notes and was issued on November 29, 1993. The notes were to be priced and sold on December 11, 1993. The corporation offering a counter guarantee, Morrison Knudsen, withdrew its counter guarantee offer on December 10, 1993 and the notes offering was withdrawn. At the Boards December 17, 1993 meeting, Texas TGV reported it was unlikely to make the December 31, 1993 EFC deadline. The Authority refused to extend additional accommodations to Texas TGV and in early 1994 began termination proceedings against Texas TGV. A settlement was negotiated that rescinded the franchise agreement, repaid all outstanding general revenue funds to the state, and made available to the state all non-proprietary information that Texas TGV developed during the project. The information included a considerable amount of work prepared for an environmental impact statement, a required component of this project.
The settlement agreement did not allow the Authority to collect the $2.5 million abandonment bond. The Attorney General's Office publicly disagreed with this, and encouraged the Authority to collect the bond. The Authority felt the time and effort to collect the abandonment bond would diminish its net value to the Authority and prolong the time rural land owners would be affected by the presence of the franchise, so that issue was not pursued. Lack of federal support and lobbying against the HSR plan by Southwest Airlines were among the reasons that no other franchise applications were awarded and a high-speed rail system was not built. At one point the Authority was scheduled to become part of the Railroad Commission at the beginning of the 1996 fiscal year. Instead, the 74th Legislation abolished the Texas High-Speed Rail Authority and repealed its legislative authorization (House Bill 2390, Regular Session). Its functions were not absorbed by any agency.
Much of the agency history was taken from internal reports of the
Authority and from the final report of the Authority,
The records of the Texas High Speed Rail Authority (THSRA) consist of meeting minutes and transcripts; memoranda; correspondence; drafts and changes to administrative rules; RFPs (requests for proposals) and proposals issued in response to the RFP; applications to operate a high speed rail franchise; hearing files, including testimony, transcripts, orders, and exhibits; contracts, agreements and other legal documents; reports and studies; files from the environmental impact statement process including proposals, statements of qualifications, correspondence and memos, contracts, memorandums of understanding, meeting summaries, public comments, working papers, administrative files, drafts of the scoping report, the final scoping report, and reports on environmental and socioeconomic topics; papers presented at conferences; litigation files; speeches; press releases; planning records; budget materials; legislative materials; maps; audio and video cassettes; and photographs. Dates covered are 1970-1995, the bulk dating 1990-1994. Correspondents include board members, the executive director and other THSRA staff; consultants used in various phrases of the high speed rail project; the Attorney General and other state officials; city and county officials; legislators and congressmen; federal officials; officials, professors and others at colleges and universities; attorneys; corporations, especially Texas TGV; associations; and the general public.
These records cover the entire existence of the Texas High Speed Rail Authority, beginning with the high speed rail feasibility study completed by the Texas Turnpike Authority in 1989 that led to the creation of the THSRA, and ending with the abolishment of the agency in 1995. Well represented in these records is the franchise application process, the franchise award hearings, and regulation of the franchisee, Texas TGV. Reports and studies present document the high speed rail feasibility study conducted by the Texas Turnpike Authority, the review of the franchise applications by the advisors selected for that purpose by the THSRA, the independent ridership study, and the work done on the environmental impact statement (EIS). Extensive documentation of the public scoping meetings is present in the EIS files. The records also have the files from the litigation involving the THSRA and Southwest Airlines.
Archives staff have not listened to the audiocassettes nor viewed the videocassettes and are unable to verify the accuracy of the contents.
To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.
These records are organized into 29 series:
Laura K. Saegert, September 2002
Accession numbers: 2000/094, 2001/093
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Railroad Commission of Texas on January 10, 2000 and January 24, 2001.
This series consists of meeting files, including agenda, minutes,
transcripts, correspondence, memoranda, sign-in sheets, witness affirmation
sheets, resolutions, remarks of speakers at meetings, written testimony
presented to Board, petitions, proposals, agreements, contracts and other legal
documents, rules, budget and financial information, and reports, dating
1990-1994. These are the meeting files of the Board of Directors, Texas High
Speed Rail Authority. At its meetings the Board discussed various High Speed
Rail (HSR) issues, including proposals, franchise applications, franchise
agreements, legal issues, public comments for/against the HSR project, adoption
of rules of procedure, budget and other administrative matters, and the
termination of the agency. Meeting files of several Board standing committees,
notably the Standing Budget Committee, can be found in the series
Most meetings have several folders and/or binders, including one with minutes and agenda, one or more with briefing materials and other meeting supporting documentation, and bound meeting transcripts.
These records are arranged chronologically by meeting date.
(Identify the item), Board of Directors meeting files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117) and driver's license numbers (V.T.C.A., Government Code, Section 552.130), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
This series consists of agenda, minutes, transcripts,
correspondence, memoranda, sign-in sheets, contracts and other legal documents,
reports, budget and financial information, bills, vouchers, and sections of the
Board's Operations Manual that make up the correspondence and meeting files of
standing committees of the Board of Directors, Texas High Speed Rail Authority,
dating 1990-1994. At its meetings the committees discussed budget and financial
issues, contracts, scoping reports, franchise agreement negotiations, and
environmental impact statement issues. Committees covered in these files are
the EIS (Environmental Impact Statement) Subcommittee, the EIS Contract
Negotiation Subcommittee, the Franchise Negotiation Committee, and the Standing
Budget Committee. The bulk of the material is from the Standing Budget
Committee. Meeting files of the Board can be found in the series
Most meetings have several folders and/or binders, including one with minutes and agenda, one or more with briefing materials and other meeting supporting documentation, and bound meeting transcripts.
These records are arranged by committee. The Standing Budget Committee files are ordered by correspondence files (in reverse chronological order), then meeting files (in chronological order).
(Identify the item), Board of Directors, Committees meeting files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
This series contains administrative and correspondence files of board members of the Texas High Speed Rail Authority, dating 1989-1994. Files are present for individual board members and include memoranda, correspondence, speeches given by the member, appointment letters and information sheets, resumes, reports, copies of articles, contracts, vouchers of member's expenses, and agency budget and financial information. Filed separately are folders with biographical information about board members and the executive directors, membership lists, and several folders of internal memos sent to all board members, generally from the executive director or by another board member. The majority of the correspondence is outgoing, mostly to other board members or the executive director. Some is present to state officials, the general public, and others. Topics covered include public comment and hearings on the high speed rail (HSR) applications, awarding the franchise application for a high speed rail, environmental impact studies, Southwest Airlines litigation, terminating the HSR contract, administration of the agency, and termination of the agency.
The series
These records are arranged into two groups. First are files of individual board members, arranged alphabetically by the name of the board member, the materials within arranged roughly in reverse chronological order. A few administrative files precede the individual board member's files. The next group consists two sets of of internal memoranda sent to all board members - one labeled "Board of Directors, FY (year);" the other labeled "Weekly packets sent to Board members." Each set is arranged in reverse chronological order.
(Identify the item), Board members files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Note: Marc Burns was the executive director in 1993.]
[Note: Robert Neely was the first executive director of the agency.]
[Note: Sam Goodhope was the acting executive director of the agency for several months.]
[Note: Steven Polunsky was the Director of Research and Planning.]
[Note: Allan Rutter was the Deputy Executive Director.]
This series includes incoming and outgoing correspondence,
memoranda, fax transmittal cover sheets, correspondence logs, and attachments,
including speeches, information sheets, contracts, agreements, reports,
legislation, testimony, meeting agenda, magazine articles, petitions, and
financial data that make up the administrative correspondence of the Texas High
Speed Rail Authority, dating 1977, 1983, 1986, 1988-1995, bulk dating
1990-1994. Most outgoing replies were from the executive director or deputy
executive director, some letters were by other High Speed Rail staff, including
the director of Research and the director of Administration. Correspondents
include members of the THSRA Board; agency staff; the Attorney General and
other state officials; city and county officials; legislators and congressmen;
federal officials; officials, professors and others at colleges and
universities; consultants; attorneys; corporations, especially Texas TGV;
associations; and the general public. Topics covered include public comment and
hearings on the high speed rail (HSR) applications, awarding the franchise
application for a high speed rail, financial and other problems with the high
speed rail project, environmental impact studies, Southwest Airlines
litigation, terminating the HSR contract with Texas TGV, and terminating the
Texas High Speed Rail Authority. Additional internal memoranda with members of
the Board of Directors and outgoing correspondence of board members can be
found in the series,
These records are organized into 10 subseries:
(Identify the item and cite the subseries), Administrative correspondence files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
This series consists of administrative correspondence of the Texas High Speed Rail Authority, dating 1990-1994. Also present are correspondence logs, reports, agreements, contracts, legislation, meeting agenda, financial data, and magazine articles. The majority of the material is outgoing letters and memoranda from the executive director or the deputy executive director, some from other agency staff. Some folders are marked just as Chronological files, FY (year), others are marked as files of individuals, generally the executive director or the deputy executive director. General files are not present for FY92, however, there is a large group of files for the executive director for that year.
Correspondents include Board members, the Attorney General and
other state officials, federal agencies, city and county officials,
legislators, consultants, attorneys, franchise applicants for the high speed
rail contract, and the general public. Topics covered include public comment
and hearings on the high speed rail (HSR) applications, awarding the franchise
application for a high speed rail, environmental impact studies, Southwest
Airlines litigation, terminating the HSR contract with Texas TGV,
administration of the agency, and termination of the agency. See the series
There are two sets of files. General chronological files, arranged by fiscal year, followed by individual chronological files, arranged alphabetically, then in chronological order by fiscal year. Within both sets of files, the letters are generally in reverse chronological order.
(Identify the item), Chronological files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence of the Texas High Speed Rail Authority, dating 1990-1994. These records are primarily faxed outgoing letters and memoranda and fax transmittal sheets of the agency, most sent out by the executive director or the deputy executive director. Some incoming letters are present. Attachments faxed with the letters include information sheets on various aspects of the high speed rail project; copies of speeches, most made by THSRA board members or the executive director; reports; agreements; contracts; testimony; legislation; meeting agenda; financial data, and clippings.
Correspondents include Board members, the Attorney General and
other state officials, city and county officials, legislators and congressmen,
federal officials, consultants, attorneys, corporations - especially Texas TGV,
franchise applicants for the high speed rail contract, and the general public.
Topics covered include public comment and hearings on the high speed rail (HSR)
applications, awarding the franchise application for a high speed rail,
environmental impact studies, Southwest Airlines litigation, terminating the
HSR contract with Texas TGV, and terminating the Texas High Speed Rail
Authority. See the series
The records are arranged in reverse chronological order.
(Identify the item), Fax transmissions, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with various state
agencies, dating 1977, 1983, and 1989-1995. There are incoming and outgoing
letters and memoranda, most from the executive director or the deputy executive
director of the THSRA with state agency officials. Also present are reports,
meeting agenda, manuals, interagency contracts, brochures, press releases, and
budget and financial materials. See the series
The files are arranged alphabetically by agency, then foldered by type of record. Items in most files are in reverse chronological order.
(Identify the item), State agencies files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
[Note: Many of these letters concern the requested release of confidential information; also, some letters to the Attorney General not pertaining to open records requests were filed with these letters.]
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with several
federal agencies, dating 1988-1995. There are incoming and outgoing letters and
memoranda, most from the executive director or the deputy executive director of
the THSRA with federal officials and congressmen. Also present are reports,
meeting agenda, statements and testimony before Congress, legislation, and
newsletters and other publications. Most of the files are from the U.S.
Department of Transportation. See the other subseries in the
The files are arranged alphabetically by agency, then foldered by type of record. Items in most files are in reverse chronological order.
(Identify the item), Federal agencies files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with several
transit or transportation authorities and some local government bodies and
officials, dating 1986, 1989-1995. There are incoming and outgoing letters and
memoranda, most from the executive director or the deputy executive director of
the THSRA with transportation or transit authority boards, chambers of
commerce, and other local officials. Also present are reports and studies,
transportation plans, meeting agenda, newsletters, and other publications.
Correspondence with county officials is in the subseries,
The files are arranged alphabetically by city or authority, then foldered by type of record. Items in most files are in reverse chronological order.
(Identify the item), Local government and transportation authorities files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with various
colleges and universities, dating 1990-1995. There are incoming and outgoing
letters and memoranda, most from the executive director or the deputy executive
director of the THSRA with university officials, professors, directors or staff
of university institutes or programs, or others. Also present are reports,
meeting agenda, interagency contracts, and publications. Reports and theses
from several universities are in the series
The files are arranged alphabetically, then foldered by type of record. Items in most files are in reverse chronological order.
(Identify the item), Colleges and universities files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and subject files of the Texas High Speed Rail Authority (THSRA) with county officials, colleges and universities, other states, other countries and the general public, dating 1988-1994. There are incoming and outgoing letters, most from the executive director or the deputy executive director of the THSRA with county judges and the general public, also professors or officials at a few colleges and universities, and with foreign governments and foreign corporations. Other records present include petitions, reports and newsletters. The majority of the records are county correspondence files with the general public.
Correspondence with other local officials is in the subseries
The files are arranged into three groups. First are the general files, including files with colleges and other states, followed by the county files, then finishing with files from foreign countries. Within each group the files are alphabetically. Items in most files are in reverse chronological order.
(Identify the item), Interested parties files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with several law
firms, dating 1983, 1987-1988, 1990-1994. There are incoming and outgoing
letters and memoranda, most from the executive director or board members of the
THSRA, with lawyers in several law firms. Some correspondence is also present
between the Attorney General and the law firms. The bulk of the files are with
the outside counsel of the THSRA, Jackson and Walker. Also present are
contracts, and orders and other court documents. Files containing billings and
additional correspondence can be found in the series
The files are arranged alphabetically by firm name. Items within most folders are in reverse chronological order.
(Identify the item), Legal firms files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of administrative correspondence and
subject files of the Texas High Speed Rail Authority (THSRA) with several
associations, dating 1990-1994. There are incoming and outgoing letters and
memoranda, most from the executive director or other staff of the THSRA with
officials or staff in the associations. The majority of the files consist of
materials sent by associations to the THSRA, including correspondence, reports,
meeting agenda and programs, remarks and speeches, legislation, newsletters and
other publications, and press releases. Associations represented in the files
include the American Public Transit Authority and the High Speed Rail
Association. Papers presented at some APTA and HSRA meetings are in the series
The files are arranged alphabetically by name. Items within most folders are in reverse chronological order.
(Identify the item), Associations files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists primarily of incoming correspondence to the Texas High Speed Rail Authority, dating 1993. Two files contain opposition letters from the general public about the high speed rail project overall or against granting an extension to continue the high speed rail project. The other folder contains a document with various paragraphs used by the agency for different responses to incoming correspondence either opposing or supporting the project, how to answer questions about financing for the project, etc.
The files are unarranged.
(Identify the item), Miscellaneous correspondence files, Administrative correspondence and subject files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
This series consists of general files such as organization charts, procedural notebooks, a history of the agency, annual agency reports, a directory, performance bonds, reports and memos re: implementation of the Americans with Disabilities Act, and agency brochures, comprising the administrative files of the Texas High Speed Rail Authority (THSRA). Also included are several subject files on high speed rail, including federal legislation, a draft of the Texas Transportation Plan, brochures from companies operating high speed rail systems in France and Germany, and publications and brochures from a trip to Europe by agency officials in June 1990. Dates covered are 1987-1995, the bulk dating 1991-1994.
The general agency administrative files are filed first, followed by high speed rail subject files. Within each group the files are arranged by type of record.
(Identify the item), Administrative files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Note: Some publications are only in French.]
This series consists of manuals, budget data, goals, projections, memoranda, and other records used by the Texas High Speed Rail Authority for preparing its strategic plan in 1992, and for the performance review done by the Comptroller's Office. Also present are copies of the 1992-1998 Strategic Plan prepared by the agency. Dates covered are 1991-1993.
These records are arranged by type of record.
(Identify the item), Planning records, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
These are speeches and notes for use in talks given by the
executive director of the Texas High Speed Rail Authority, dating 1991-1992.
Topics covered including financing of the high speed rail project, the need for
high speed rail, history of the agency, and progress of the high speed rail
project. Notes are present for
These records are unarranged.
(Identify the item), Speeches, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
This series contains brochures, correspondence, agenda, programs,
newsletters, proceedings, and speeches given or papers from conferences and
symposiums attended by the executive director or other staff of the Texas High
Speed Rail Authority, including speeches or papers presented by THSRA staff.
Dates covered are 1990-1994, the bulk dating 1991-1993. Types of events
attended include conferences, meetings, or symposiums of high speed rail
related national or regional organizations; events of government bodies outside
of Texas; university events; meetings re: agency administration (such as a
meeting on Risk Management); and meetings of local groups, such as Kiwanis's
clubs. Topics covered including financing of the high speed rail project, the
need for high speed rail, history of the agency, technological aspects of high
speed rail, and progress of the high speed rail project. Speeches or papers by
THSRA staff are not always present in the files where the materials indicate a
THSRA staff members gave a talk or presentation. A few speeches and speech
notes are present in the series
These records are arranged in reverse chronological order by meeting date.
(Identify the item), Conferences and symposiums, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
This series consists of press releases, clippings, media
advisories, journal articles, reports, magazines, correspondence and memoranda,
and drafts of notices for the
These records are arranged topically or by type of record.
(Identify the item), Public information and press releases, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
The Texas Turnpike Authority (TTA) was created in 1953 (53rd Legislature, Regular Session, House Bill 4) to plan, finance, build, and operate toll facilities in Texas. It was governed by a 12 member board, nine of whom were public members appointed by the governor with consent of the Senate. The members served six year overlapping terms. The three members of the Texas Transportation Commission served as ex-officio members and the governor designated the chair.
In June 1987, the 70th Legislature directed the Texas Turnpike
Authority to study the feasibility of high speed rail system in the
In 1997, the Texas Turnpike Authority merged with the Texas Department of Transportation (75th Legislature, Regular Session, Senate Bill 370). The TTA is part of the Texas Turnpike Authority Division at the Texas Department of Transportation. It is responsible for feasibility studies, design, construction, operation, and maintenance of tolled turnpikes, bridges, and tunnels at locations with high traffic volume. A TTA Board exists, consisting of six members appointed by the governor and includes the chair of the Texas Transportation Commission as an ex-officio member. Board members serve staggered six year terms and are independent of the Transportation Commission.
This series consists of correspondence, memos, notes, project
files, administrative files re: a request for proposal to conduct a feasibility
study of high speed rail (RFP), statements of qualifications and proposals
submitted in response to the RFQ (request for qualifications) and the RFP
(request for proposal), reports by consulting firms conducting the high speed
rail study, and reports on railroads and high speed rail projects in other
states and foreign countries collected during the study, likely used as
resource materials. Dates covered are 1981-1989 (bulk 1987-1989). This study
was conducted by the Texas Turnpike Authority, resulting in a recommendation to
pursue a high speed rail project in Texas. This led to the creation of the
Texas High Speed Rail Authority (THSRA). Legislation re: the creation of the
THSRA, including bill analyses, can be found in the series
These records are arranged by type of record.
(Identify the item), Texas Turnpike Authority, High Speed Rail Feasibility Study, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
As part of the application process to award a high speed rail
franchise in Texas, the Texas High Speed Rail Authority solicited letters of
intent from potential applicants. Non-solicited parties were also welcome to
submit letters. A notice inviting letters of intent was published in the
The RFP was published in September 1990 and also sent to all airline and bus companies providing intercity passenger transportation in the state, as required by the THSRA's statutes. Two groups responded to the RFP - Texas TGV Corporation and Texas FasTrac, Inc., submitting franchise applications and the required franchise fees by the deadline of January 16, 1991. Another company, the Texas Railroad Finance Corporation, submitted an application. However, at the close of business on January 16, its application fee had not been received, thus invalidating its application.
Materials present include correspondence; request for proposals (RFP); transcripts of the RFP Advisory Committee meetings and of a Texas High Speed Rail Authority board meeting; notes, background materials, and drafts used to produce the RFP; bids from consulting firms to prepare the RFP; and contracts with firms selected to prepare the RFP. Materials are dated 1990-1991. This series concerns the issuance of a request for proposals by the Texas High Speed Rail Authority (THSRA) for operating a high speed rail franchise in Texas. The RFP detailed information that was required for inclusion in the franchise application. Covered in the files is the process by which the RFP was drafted as well as some aspects of the project requiring studies by firms submitting letters of intent to bid on a high speed rail franchise, including an initial ridership study.
A few additional records concerning some of the consulting firms
can be found in the series
These records are arranged by type of record.
(Identify the item), Request for proposals to operate a high speed rail franchise, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
As part of the process for selecting a franchise to operate a high
speed rail franchise in Texas, the Texas High Speed Rail Authority developed
administrative rules to govern its administrative procedures and to conduct the
franchise application hearings and franchise award procedures. Proposed rules
of practice and procedure for administrative procedures and awarding the
franchise were published in the
This series consists of proposed and adopted rules of practice and procedure of the Texas High Speed Rail Authority (THSRA), comments on the rules, responses to comments, correspondence, a temporary restraining order filed by Southwest Airlines, transcripts of the administrative hearings concerning the proposed rules, and bids by firms to develop rules for the Authority's Disadvantaged Business Enterprise (DBE) guidelines. Dates covered are 1990-1993, the bulk dating 1990-1991. These are files concerning the adoption of rules of practice and procedure by the THSRA for administrative procedures, for conducting franchise application hearings, for the handling of private donations, and for the DBE Program. The bulk of the material concerns rules of practice and procedure for the franchise application hearings.
See the series
These records are arranged topically by rule, then roughly in chronological order.
(Identify the item), Rules of practice and procedure, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
Franchise applications to operate a high speed rail system in
Texas were subject to review by independent advisors hired by the Texas High
Speed Rail Authority. The THSRA solicited consulting firms for this purpose
through a notice published in the August 24, 1990 edition of the
The advisors met in November 1990 to coordinate plans to review the applications, which were due to be received at the THSRA offices by January 16, 1991. Two firms, Texas TGV Corporation and Texas FasTrac Inc., submitted franchise applications. As part of the review process, the advisors selected several components of the applications and prepared and issued requests for information (RFI) to the two applicants, with the approval of the Authority. There were five RFIs issued. Both applicants issued responses to all the RFIs. Following the review process, each advisor submitted a report to the Authority on the topic(s) they reviewed in the franchise applications. The reports were submitted to the Board and to all parties involved - each applicant and Southwest Airlines. Southwest Airlines was granted intervenor status for the franchise award hearing process. The reports provided THSRA with independent, objective analyses of the franchise applications. Additionally, each advisor team was represented during the franchise award hearing and was subject to cross examination by all parties.
This series consists of requests for information (RFI), responses to the RFIs, correspondence, proposals, and reports. Dates covered are 1990-1991. The proposals were prepared by outside advisors in response to a request for proposal issued by the Texas High Speed Rail Authority (THSRA) to review high speed rail franchise applications. The requests for information were questions (and responses) solicited by the THSRA advisors from the two franchise applicants as part of the review process. Reports were produced by the advisors after their review of the franchise applications and focused on various aspects of each applicant's franchise application. Topics covered included ridership, safety, technology, cost, and environmental and socioeconomic impacts of a high speed rail system in Texas. Correspondence present largely concerns the RFIs and is between the advisors, the franchise applicants, and the THSRA.
For more information on the franchise award hearing, see the
series
These records are arranged by type of record.
(Identify the item), Advisors files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Also contains agreements, affidavits, correspondence with advisors.]
The high speed rail franchise agreement (Section 3.3 (E)) required that an independent ridership study be conducted so that the public would have a more complete examination of the revenue potential of the proposed high speed rail project. The study had to be initiated within 60 days of the execution date of the franchise agreement. It was funded by the franchisee, Texas TGV, also known as the Texas High Speed Rail Corporation. The Texas High Speed Rail Authority (THSRA) established a selection process for a consultant to conduct the study at its March 27, 1992 meeting. A Technical Review Committee and a Technical Advisory Committee were formed and developed a set of evaluation criteria by which ridership proposals were reviewed. An RFP (Request for proposal) was issued on April 1, 1992 to several qualified firms. Four firms sent proposals. On May 26, 1992 the Board selected Charles River Associates as the ridership study consultant.
The study consisted of five phases. Phase 1 - Use of focus groups to analyze traveler preferences, analysis of the airline industry in Texas, review of the French TGV ridership experience, definition of basic variables (station location, service frequency, line-haul time, price), and definition and documentation of high speed rail service features (comfort, reliability, phone service, etc.). Phase II - Assembly of historical, current and predicted air and auto travel data and socioeconomic data. Phase III - Plan and conduct traveler surveys, with ability to separate market segment, modal preference, and values of services and amenities. Develop forecasts for future travel and models for induced travel. Phase IV - Initial integrity and local area high speed rail ridership forecasts. Phase V - Present final report in public forum.
Field surveys were conducted between October and December 1992. Three intercept surveys (survey of travelers in triangle area - Dallas-Houston, Dallas-San Antonio, Houston-San Antonio) and one quality of service survey were conducted using the survey information and historical data collected on existing mode use. Models were created to predict future travel use of high speed rail service. The study also included a simulation model to estimate the placement of high speed rail - air connect trips on air reservation systems.
Charles River Associates presented its findings to the Board at
its September 2, 1993 meeting. The final printed report was released in October
1993. The study examined ridership with different alignments and different air
connect relationships. It was intended to be used by Texas TGV to refine
ridership estimates using different assumptions, different line haul times, and
different market response strategies. The Authority considered this report to
be
This series consists of proposals, reports, notes, memos, and correspondence, dating 1992-1993. These records document the independent ridership study of the high speed rail project, conducted by Charles River Associates for the Texas High Speed Rail Authority. Proposals of firms soliciting the job to conduct the study are present, as well as files of the Authority's Technical Review Committee and final reports produced from the study. Correspondence, memoranda, and other items document the selection review process, the status of the study, and consultants contacted about the study that decided not to send a proposal.
Some ridership study documents are filed in the series
These records are arranged by type of record.
(Identify the item), Ridership study, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, commercial or financial information (V.T.C.A., Government Code, Section 552.110), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
One report is copyrighted.
[Note: Contains correspondence, memos, reports about the ridership study.]
[Note: The report is copyrighted.]
Beginning in late 1991 and continuing through early 1992 the Texas
High Speed Rail Authority (THSRA) participated in several
This series consists of correspondence, notes, maps, meeting summaries, speeches, and overhead transparencies (slides) used in meeting presentations. Dates covered are 1991-1992. These files document town hall type meetings at which the Texas High Speed Rail Authority addressed local citizens to talk about the high speed rail project. In addition to documenting the meetings, this series contains correspondence with local officials and citizens about the project, often discussing the upcoming meeting, other times just answering questions. Meeting materials include speeches, speech notes, overhead transparencies from talks, and maps of the high speed rail routes. Maps of counties showing the route are represented for those counties where meetings were held and for adjoining counties.
Additional speech materials from these meetings can be found in
the series
These records are arranged as received. County files are in reverse alphabetical order, with notes and slides (transparencies) from meeting presentations filed at the end.
(Identify the item), Town hall meeting files and related materials, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
As part of the process to build a high speed rail in Texas, the
Texas High Speed Rail Authority (THSRA) and Texas TGV, the company awarded the
high speed rail franchise, met with the Federal Railroad Administration (FRA)
in September 1991 to discuss federal railroad regulations and requirements for
the high speed rail project. The FRA would need to complete new rulemaking
proceedings as existing rail safety rules were not designed for high speed rail
operations. This rulemaking would be a federal action requiring an
environmental impact statement (EIS) on the proposed project, as required by
the National Environmental Policy Act. A Request for Qualifications was sent to
interested firms and published in the
Following a review of the proposals received and oral presentations delivered at THSRA board meetings, the board selected Woodward-Clyde Consultants, Inc. to prepare the EIS. A contract was signed on April 16, 1992. The contract called for the formation of a Citizens Advisory Committee, made up of local officials and others in areas affected by the proposed high speed rail project, with the chair appointed by the Authority.
Part of the EIS process included conducting public scoping
meetings in communities affected by the project. A Notice of Intent to Prepare
an Environmental Impact Statement was published in the
The Final Scoping Report was issued in late 1993 and distributed to interested agencies, citizens, county courthouses, and public libraries. Concerns expressed centered on noise, economics, impacts on agricultural operations, socioeconomic impacts, financing, location of the route and stations, road closures, access issues, and impact on the quality of life, especially in rural areas. The vast majority of commentors in the rural areas were opposed to the high speed rail project, with comments from the urban areas mixed.
One hundred and twenty federal and state agencies were invited to participate in the EIS. State agencies attending scoping meetings or otherwise participating in the HSR project were the Railroad Commission, Texas Natural Resource Laboratory Commission, Water Development Board, State Soil and Water Conservation Board, Governor's Office, Employment Commission, Texas Parks and Wildlife Department, Public Utility Commission, Department of Agriculture, Historical Commission, Water Commission, Department of Transportation, Department of Health, Air Control Board, and Department of Housing and Community Affairs.
In December 1992, work on the EIS project was halted due to concerns over EIS consultant expenditures. Work was delayed until March 1993 for contract negotiations. In May 1993, the work summary and cost plan were reformed and contract issues were resolved. In September 1993 the Authority entered into a Memorandum of Understanding with the Texas Department of Transportation for project management assistance in order to align EIS oversight with standard state agency practices. The THSRA also created an EIS Committee to work with the project.
By December 1993 sufficient detail on the Alternative Analyses component of the project was done so work could proceed with baseline studies on different issues required by the EIS. Texas TGV and the EIS consultant developed work plans for the baseline studies and reviewed teams of consultants Texas TGV had chosen to conduct the studies. In January 1994 Texas TGV halted work on the baseline studies and dismissed its contractors due to financial deadlines in the franchise agreement. By March 1994, a draft alternative chapter was completed and circulated for comments, but never released. By October 1994, due to cessation of environmental activity by Texas TGV, the THSRA board terminated its project with the EIS consultant. And, the board and the FRA jointly determined their December 1991 MOU was no longer in effect. The HSR project was terminated in late 1994 and in a settlement agreement, Texas TGV agreed to make available to the state all non proprietary work developed during the HSR project, including the work on the environmental impact statement.
This series consists of proposals, statements of qualifications, correspondence and memos, contracts, memorandums of understanding, transcripts of public meetings, work plans, scoping meeting summaries, written public comments, transcripts of oral public comments, maps, slides and photographs, audio and videocassettes, drafts of the scoping report, scoping report revisions, the final scoping report, reports on environmental and socioeconomic topics, working papers, purpose and need statements, registration cards, database entry forms, invoices, weekly activity reports, notes, 3.5 inch computer disks, and other files concerning the environmental impact statement (EIS) project. Dates covered are 1976, 1986, 1991-1994, with the bulk dating 1991-1993. The Texas High Speed Rail Authority contracted with the firm Woodward-Clyde Consultants, Inc. to prepare an EIS in accordance with requirements of the Texas high speed rail project. This series documents the work done on the environmental impact statement, including the selection of the EIS consultant, extensive coverage of the public scoping meetings held to gather comments about the proposed high speed rail project, including audio-visual coverage of the meetings; preparation of the scoping report and other reports (including maps); baseline studies; contract negotiations; and termination of the project. Correspondents include the Texas High Speed Rail Authority, Woodward-Clyde Consultants, Inc., Texas TGV, the Federal Railroad Administration, other consulting firms, state agencies, local officials, and the general public. Work done by state agencies involved with the EIS is documented as is work of a Citizens Advisory Committee associated with the project. The largest set of files, labeled the EIS working files, appear to be the working files of the firm used to the prepare the EIS, Woodward-Clyde Consultants.
Reports present include the Scoping Report - drafts and final editions; the Draft Alternatives Section of the EIS; several studies of station locations in Dallas, Fort Worth, Houston, San Antonio, and Waco; environmental studies on the habitat of several species to be affected by the HSR project, including the Houston Toad and the Golden-Cheeked Warbler; corridor refinement studies; passenger and baggage system analysis; hydrologic studies; study on cultural resources and paleontology; and a study on land acquisition and utility cost. Some of the reports are accompanied by maps. Also present are several separate sets of maps, including detailed USGS maps of the HSR corridor, and GIS (geographic information system) produced maps on managed areas, hydrology, transportation, critical land uses, natural systems, and alternative alignments. There is also a full-size camera ready set of the GIS produced maps on transportation, critical land uses, natural systems, managed areas and hydrology. There are also several maps that consist of USGS sheets taped together to form large maps of the EIS corridor covering several counties.
Some EIS materials marked as confidential are filed in the series
These records are arranged into six groups: EIS consultant and project files; Consultants - Proposals and the selection process; Scoping meeting files and scoping reports; EIS reports; Maps; and EIS working files [Woodward-Clyde consultant's files]. Files within each group are arranged roughly by type of record. Within the EIS consultant and project files are two sets of files of working papers - likely working files of different THRSA staff members or board members. These were left as found and do contain duplicative material. The last group, EIS working files, consists of several boxes of materials filed separately from the rest of the EIS files, and appear to be the working files of the consulting firm used for the EIS files, Woodward-Clyde Consultants.
(Identify the item), Environmental impact statement files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
Software needed to run the computer disks is unknown. At least one set of disks are labeled as Macintosh (MAC) files, it is unknown if all the disks are MAC files or if some run on IBM PC's instead.
The maps in this series are too large to photocopy. See the photograph archivist for other copying options.
[See the last section, EIS working files, for additional project files, including baseline studies, and project management files.]
[Note: File also includes a copy of the agreement.]
[See the last section, EIS working files, for additional scoping materials, including files from the scoping meetings, public comments, and working drafts of the scoping reports.]
[See the last section, EIS working files, for additional scoping materials, including files from the scoping meetings.]
[Note: Several TV spots, each between 1:00 and 2:30 minutes, in Bryan and Waco.]
[Two sets, one without a title and has different page numbers.]
[Several topographic maps and a few manuscript maps can be found in the last group of files, the EIS working files (Woodward-Clyde Consultants files)]
[Note: Set of United States Geological Service base maps, mostly dating 1976, with data added circa 1993.]
[Note: Sheets cover the Houston, Dallas and San Antonio metropolitan areas.]
[Note: This set consists of several large USGS maps taped together in several sheets, highlighting the EIS study corridor.]
[See a previous section, Scoping meeting files and scoping reports for additional materials from the scoping meeting and from various drafts of the scoping report.]
[Files include copies of sign-in sheets from public scoping meetings in addition to letters.]
[Label on spine states
[Note on report:
[Includes a document tracking log.]
[Topographic maps of towns/areas the high speed rail project was to go through. Maps are by the U.S. Geological Survey and are dated from 1976, 1986, and 1992. Maps present are: Austin, Eagle Lake, Houston, New Braunfels, San Antonio, Waco, Corsicana, Huntsville, Taylor, Marlin, Brenham, Conroe, Temple, Cleburne, Mexia, Dallas, Fort Worth, Seguin. Several other loose maps are present, including an unidentified manuscript outline, a manuscript map by WCC of the EIS project (not completed), and parts of other topographic and GIS sheets.]
This series consists reports and studies, journals, and articles about high-speed rail projects, high speed rail feasibility, and MAGLEV (magnetically levitated) studies/projects gathered by the Texas High Speed Rail Authority (THSRA). Dates covered are 1970-1995, the bulk dating 1991-1994. Specific materials include in-house reports on the high speed rail project produced by the THSRA; drafts of the final agency report of the THSRA; reports and studies by federal and state agencies, colleges and universities, corporations, individuals, and high speed rail and MAGLEV professional associations; papers presented at meetings of the Transportation Research Board and professional associations; reports or proposals re: high speed rail projects in other states or countries; local and regional governments transportation plans; directories; and a handbook on operations of the Railroad Commission's Rail Planning Division. Topics include high speed rail feasibility, MAGLEV transportation systems, ridership, history of railroads, transportation plans of local areas or regions, ground transportation needs, safety, and the operation of existing or proposed high speed rail systems in places other than Texas. Some of the reports may have obtained as part of the Texas Turnpike Authority's high speed rail feasibility project, or the ridership or environmental impact statement studies undertaken by the THSRA but were not housed with the files of those projects.
Most of the reports by federal agencies were transferred to the Texas Documents Collection of the Texas State Library, a depository library for publications produced by federal and state agencies. Photocopies of title pages of reports transferred are in a folder at the beginning of the group of federal reports. Copies of these reports should also be available at other libraries that maintain federal depository holdings. Federal government reports with notes and/or comments were retained with the other reports in this series.
For reports prepared specifically for the Texas high speed rail
project see the following series, each containing different types of high speed
rail reports:
These records are arranged into seven groups by type of author or report topic - Texas High Speed Rail Authority reports; HSR or MAGLEV reports by state agencies, colleges and universities; HSR or MAGLEV reports by federal agencies and national boards or councils; Local/regional transportation plans and reports; HSR or MAGLEV projects in other states and countries; MAGLEV reports and studies; and Miscellaneous reports, articles and journals. The majority of the MAGLEV reports were originally filed together and remain as such. Some MAGLEV reports are present in other groups, as indicated.
(Identify the item), Reports and studies of high speed rail and MAGLEV transportation systems, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
Some reports are copyrighted.
[several brochures, fact sheets, copies of legislation, clippings in a folder]
[several brochures and fact sheets in a folder]
This series consists of correspondence, memos, and reports for a
few consulting firms used by the Texas High Speed Rail Authority. The bulk of
the records are files containing letters, brochures, and information packets
sent by consulting firms to the THSRA seeking consideration for work on the
high speed rail project. Dates covered are 1990-1994, the bulk dating
1990-1991. Formal proposals of consulting firms sent in response to RFPs
(requests for proposals) issued by the Authority are filed with the project
files addressed by the RFP. See the following five series for proposals,
reports, correspondence with consultants, and project files (in some cases):
These records are generally arranged alphabetically by names of firms or folder title.
(Identify the item), Consultants files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
As part of the application process to award a high speed rail
franchise in Texas, the Texas High Speed Rail Authority solicited letters of
intent from potential applicants. Non-solicited parties were also welcome to
submit letters. A notice inviting letters of intent was published in the
The applications contained the following information: lists of major companies and subcontractors making up the consortium, route/service information (descriptions of potential routes, right of way information, proposed station locations, and details on the types and frequency of service to be provided), ridership estimates, technological information (description of rolling stock and infrastructure to be constructed and operated), safety information, environmental assessment (preliminary information on environmental effects of the high speed rail system), cost information, and financial plans (description of how the facility would be built and operated without state funding, revenue estimates, cash flow projections, and legislative or regulatory impediments to financing proposals). On February 27, 1991 Southwest Airlines filed a Motion for Intervention for the franchise application hearings. This was granted. On March 5, 1991 Southwest Airlines filed a Temporary Restraining Order seeking to postpone the hearings and rescind all the Authority's rules. This was denied on March 6, 1991.
Franchise application hearings opened on March 25, 1991. Seventy-eight witnesses and fourteen advisors to the THSRA testified at the hearings. Over 160 evidentiary and demonstrative exhibits were presented. A proposal for decision was entered on May 10, 1991. This proposal recommended that the Board find that high speed rail in Texas was in the public interest and that the Texas TGV consortium was the best qualified to be granted a franchise. Two parties filed exceptions to the proposal and all parties filed briefs. At the May 28, 1991 meeting of the Board, it heard final arguments from all parties and voted by an 8-0 margin to award the franchise to Texas TGV. Texas TGV accepted the terms of the franchise order. On June 18, 1991 Southwest Airlines and Texas FasTrac filed motions for rehearing in the proceeding and Texas TGV filed replies to the motions on June 28, 1991. Because the Board took no actions on the motions by July 15, 1991 the motions were overruled by operation of law.
Texas TGV was awarded the franchise to build, operate, and maintain a high speed rail system in Texas. The franchise agreement was signed on January 31, 1992. Within two weeks of the signing, Texas TGV compiled with three provisions of the agreement. It provided the remaining operating funds for the Authority's FY 92 operating budget, it provided certification that they had met the necessary capitalization requirements of the agreement ($10 million capitalization, $3 million net worth), and it submitted a $2.5 million abandonment bond, to be used by the Authority in the event Texas TGV abandoned its franchise.
Texas TGV filed a Communications Protocol before the required
date that was approved by the Authority in March 1992. The Protocol provided
for written progress reports by Texas TGV, it designated who would respond to
certain types of inquiries (the Authority or Texas TGV), it detailed meetings
and presentations to be made by the franchisee, and among the remaining
provisions it included a confidentiality clause, that stated
Texas TGV's application outlined its financing plan to meet the
Equity Financing Commitment and other financial obligations of the agreement.
To meet the Equity Financing Commitment (EFC), the franchisee would have in
hand, and available for inspection, on or before December 31, 1992,
fully-executed subscription agreements from one or more persons to make equity
investments of at least $170 million. Or, in lieu of statements, letters from
investment banking firms stating such firms were highly confident of their
ability to raise such funds through the sale of equity securities to satisfy
financial obligations. At the October 1, 1992 THSRA Board meeting Texas TGV
stated that through forces beyond its control, it would not be able to meet the
December 31, 1992 EFC deadline. There were delays in the ridership study and
the environmental impact statement studies, which they claimed made it
difficult to attract investors until reports from those studies were made
available. Texas TGV cited the
The Baseline Implementation Plan was submitted on March 25, 1993. This plan detailed financing, engineering, designing, program management, construction, and operation elements of the high speed rail project. The BLP separated the project into three phases - Studies and analysis, design, and construction and commissioning. The first stage dealt with the preparation of the EIS, promulgation of federal safety rules, and ridership studies. The second phase involved engineering, permitting and right of way planning, once the environmental impact statement (EIS) was completed. The last phase was the construction of the project and testing of equipment.
After the ridership study was completed and the EIS process was well underway, Texas TGV prepared its EFC offering to investors. The offering was $200 million in convertible equity notes and was issued on November 29, 1993. The notes were to be priced and sold on December 11, 1993. The corporation offering a counter guarantee for the offering, Morrison Knudsen, withdrew its counter guarantee offer on December 10, 1993 and the notes offering was withdrawn. At the Board's December 17, 1993, Texas TGV reported it was unlikely to make the December 31, 1993 EFC deadline.
Early in 1994 the THSRA conferred with the Attorney General's Office on the options the Authority had to consider in response to the franchisee's failure to meet the EFC deadline. They could terminate the franchise, extend the deadlines, or amend the existing franchise agreement with a new order. The Authority issued a letter dated January 14, 1994 informing the franchisee that failure to meet the EFC deadline constituted an event of default under the franchise agreement. On the same day, the Authority received a letter signed by 14 state legislators urging it to terminate the franchise as soon as possible, with Governor Richards signing the letter in agreement. Texas TGV responded to the Authority with a letter stating it did not believe it was in default, due to actions beyond its control, mirroring the force majeure argument used in October 1992. THSRA sent a letter to the franchisee, notifying them it was contemplating termination of the franchise. On April 27, 1994, in an open meeting, the Authority took action to begin an administrative proceeding to terminate the agreement. A complaint was filed by the Attorney General on behalf of the Authority on May 26, 1994 in the State Office of Administrative Hearings, case no. 94-606-865. A preliminary hearing was held on June 15. Several parties asked for intervenor status, all such requests were denied. In August 1994, the THSRA Board chairman began to negotiate a consent order to settle the administrative proceedings. A settlement was reached and signed by all parties on August 19, 1994. The settlement agreement terminated and rescinded the franchise, caused Texas TGV to provide sufficient funds to the Authority to provide operating funds for the 1995 fiscal year and to repay outstanding general revenue appropriation balances, and provided that Texas TGV would turn over non-proprietary project information to the Authority for its files. The settlement agreement did not allow the Authority to collect the $2.5 million abandonment bond. The Attorney General's Office publicly disagreed with this, and encouraged the Authority to collect the bond. The board felt the time and effort to collect the abandonment bond would diminish its net value to the Authority and prolong the time rural land owners would be affected by the presence of the franchise, so that issue was not pursued.
This series consists of applications to operate a high speed rail franchise, reports, maps, correspondence, letters of intent, plans, an abandonment bond, contracts and agreements, contract negotiation documents, orders, and administrative files re: the regulation of the franchise. Dates covered are 1989-1995, the bulk dating 1991-1994. These files concern the application to operate a high speed rail franchise in Texas and the regulation of the franchisee by the Texas High Speed Rail Authority. Two firms submitted franchise applications, Texas TGV, also known as the Texas High Speed Rail Corporation, and Texas FasTrac. Texas TGV was awarded the franchise to build, operate, and maintain a high speed rail system in Texas. The bulk of the records in the series concern the regulation of the franchisee and oversight of the high speed rail project by the THSRA. Required documents submitted by Texas TGV include the Communications Protocol, the Procurement Plan, the Baseline Implementation Plan, the Abandonment Bond, and monthly reports. Also covered in these files are the renegotiation of the franchise agreement, the deadline extension of the agreement, the draft alternatives chapter of the EIS, and advice from the Attorney General over conditions in the final order terminating the agreement. Correspondence is present with both franchise applicant firms and a few other corporations involved in various aspects of the franchise award and regulation process and includes members of the Authority's Board of Directors, the executive director, and other staff; and the Attorney General's Office.
Proprietary information submitted as part of the franchise
applications and some confidential material concerning the franchise
applications and agreement is in the series
These records are arranged into two groups: Franchise application files and Franchise regulation files. The franchise application files are arranged by applicant. The franchise regulation files are arranged roughly by topic or event, generally in the order received. There are sets of working files within this last group and some duplicative material is present in this series. The last box in the franchise regulation series consists largely of correspondence, not all necessarily concerning regulation of the franchise, but concerning the HRS project.
(Identify the item), Franchise application and regulation files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses, phone numbers, social security numbers, and personal family information of government employees and officials (V.T.C.A., Government Code, Section 552.117), or commercial or financial information ((V.T.C.A., Government Code, Section 552.110), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[confidential - attorney-client privilege]
[includes board appointment sheets with home addresses]
[includes board mailing list with some home addresses]
[includes folder of correspondence from Waco citizens and a folder of negative mail]
As part of the application process to award a high speed rail franchise in Texas, the Texas High Speed Rail Authority solicited letters of intent from potential applicants. On July 19, 1990, two letters of intent were received - from Texas High-Speed Rail Joint Venture (later renamed Texas FasTrac) and the Texas TGV Consortium, (also know as the Texas High Speed Rail Corporation). Several advisors were chosen to draft the request for proposal (RFP) and incorporate suggestions and comments of the RFP Advisory Committee into the final draft submitted to the THSRA. The advisors were selected to study and report on various aspects of a high speed rail project that should be incorporated into the franchise application. The RFP was published in September 1990 and also sent to all airline and bus companies providing intercity passenger transportation in the state, as required by the THSRA's statutes. Two groups responded to the RFP in a timely manner - Texas TGV and Texas FasTrac, submitting franchise applications and the required franchise fees by the deadline of January 16, 1991.
As part of the review process, the advisors selected several components of the franchise applications and prepared and issued requests for information (RFI) to the two applicants, with the approval of the Authority. Following the review process, each advisor submitted a report to the Authority on the topic(s) they reviewed in the franchise applications.
The THSRA Board conducted a hearing to determine which firm to award the high speed rail franchise. Larry Montgomery, former director of the Texas State Bar, was chosen as the hearing examiner by the chairman of the THSRA Board. Prehearing administrative procedures for the franchise award hearing included the filing of all written testimony prior to the hearing, and the service of the testimony on all parties - Texas TGV, Texas FasTrac and Southwest Airlines. On February 27, 1991 Southwest Airlines filed a Motion for Intervention for the franchise application hearing, which was granted, making them a party to the hearing. The written testimony was information presented by experts who would be subject to cross examination during the hearing. The testimony would also be considered as evidence that the THSRA Board could use to consider in its decision of the franchise award. Seventy-five witnesses for the three parties filed over 2,800 pages of indirect or rebuttal testimony. Because the time guidelines in the Authority's statutes would not allow a process in which traditional forms of discovery could take place, rules were developed to require mandatory disclosure of all information to be used in the hearing. Parties demonstrating extraordinary need could request discovery from the hearing examiner. Court action by Southwest Airlines required accommodations be made for pre-filed testimony, which delayed the beginning of the hearing by a week.
As testimony was filed, the written reports from the Authority's advisors were filed and served on all parties. The reports provided THSRA with independent, objective analyses of the franchise applications. Additionally, each advisor team was represented during the franchise award hearing and was subject to cross examination by all parties. Also filed at this time were statements from Advocates and Protestants. The Authority's rules allowed for non-party participants to submit statements in opposition or support of one or both applications. Three prehearing conferences were held in advance of the franchise application hearing. At these conferences the hearing examiner and parties discussed hearing schedule matters, motions on evidence admissibility, and hearing procedures.
On March 5, 1991 Southwest Airlines filed a Temporary Restraining Order seeking to postpone the hearings and rescind all the Authority's rules. This was denied on March 6, 1991.
The franchise application hearing opened on March 25, 1991. The hearing was organized by topic so that Board members could be present to ask questions of witnesses on specific issues of concern. The hearing lasted 16 days. The schedule was: March 25, Opening Statements; March 26-27, Overview; March 28, Routes and Technology; April 1, Techonology, Operations and Maintenance; April 1, Health and Safety; April 2-3, Environmental and Socioeconomic Issues; April 3, Disadvantaged Business Enterprises; April 4, 5, 8, Ridership and Marketing Plans; April 9, Costs; April 10-12, Financial Plans; April 15, Oral Rebuttal; and April 16, Closing Statements. Seventy-eight witnesses and fourteen advisors to the THSRA testified at the hearing. Over 160 evidentiary and demonstrative exhibits were presented. All documents in the process were open records, except for a few pages relating to financial statements of individuals and private companies. Protective orders were entered sealing these documents. The confidential nature of these documents was validated by an advisory letter from the Attorney General.
A proposal for decision was entered on May 10, 1991. This proposal recommended that the Board find that high speed rail in Texas was in the public interest and that the Texas TGV consortium was the best qualified to be granted a franchise. Texas FasTrac and Southwest Airlines filed exceptions to the proposal and all parties filed briefs. At the May 28, 1991 meeting of the Board, it heard final arguments from all parties and voted by an 8-0 margin to award the franchise to Texas TGV. Texas TGV accepted the terms of the franchise order. On June 18, 1991 Southwest Airlines and Texas FasTrac filed motions for rehearing in the proceeding and Texas TGV filed replies to the motions on June 28, 1991. Because the Board took no actions on the motions by July 15, 1991 the motions were overruled by operation of law. Texas TGV was awarded the franchise to build, operate, and maintain a high speed rail system in Texas. The franchise agreement was signed on January 31, 1992.
This series consists of transcripts, briefs, testimony, depositions, motions, proposals, orders, and exhibits that make up the hearing files from the high speed rail franchise award hearing. Dates of the files are 1989-1992, the bulk dating 1991. The files document the franchise award hearing held by the Texas High Speed Rail Authority to determine whom to award the franchise to operate a high speed rail system in Texas. Records are present from all parties involved, which were the franchise applicants, Texas TGV and Texas FasTrac, and Southwest Airlines, an intervenor in the process. Also present is testimony and depositions from non-parties involved that wanted to voice their support of or opposition to one or both franchise applications. Transcripts are present for three preconference hearings and the hearing itself.
Filed at the end of this series is a large wallet of correspondence. It was received by the THSRA at the conclusion of the franchise award hearing and prior to the Board's May 28, 1991 meeting at which it was to vote on the franchise award. The correspondence is from local government officials, businesses, and the general public, in support of awarding a high speed rail franchise for Texas. The bulk comes from Waco.
Some confidential material concerning the franchise hearings is in
the series
These records are arranged into five groups: Prehearing files, franchise award hearing files, transcripts, exhibits, and miscellaneous hearing files. The prehearing files are arranged by record type; the franchise award hearing files are arranged by document number; the transcripts by volume; the exhibits by party, then exhibit number; and the miscellaneous files remain as received. This last group consists largely of some duplicate hearing files and a small amount correspondence and reports. It was maintained and labeled separately, thus it remains as received.
(Identify the item), Public hearing examiners files for franchise award, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, commercial or financial information ((V.T.C.A., Government Code, Section 552.110), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Original letter designating hearing examiner; Revised notice of proceeding.]
[This contains the pre-hearing written testimony on behalf of Texas TGV, Texas Fastrac, and Southwest Airlines. Testimony of the advisors, listed in the table of contents, is missing from each set.]
[These files appear to have no bearing on the franchise application, but were filed with the two sets of pre-hearing testimony noted above. These are likely records of the Railroad Commission that mistakenly were filed with the High Speed Rail materials. However, the corridor the high speed rail project was to traverse was along part of the MKT Railway corridor, so these files may have have been used by the THSRA staff during the HSR project.]
[Unless otherwise noted, dates for these files are February-May 1991.]
[No file number given, likely duplicates File No. 10080.]
[These records appear to be a set of files maintained by a
member of the THSRA Board, Ray Stoker, but there is not enough evidence to
confirm this. This set of miscellaneous files also included a duplicate set of
transcripts from the franchise hearings. The transcripts were all copies and
contained no notes or markings, so they were discarded. See the group
[Memo concerns items from the hearing process being sent to Board members for their review.]
[Document is from the Office of the Attorney General THSRA Working Group to Bob Neely.]
Southwest Airlines filed motions, restraining orders, applications for injuctions and lawsuits against the Texas High Speed Rail Authority (THSRA) seeking to prevent a high speed rail project from being built in Texas or to at least slow the progress of such a project. On February 27, 1991 Southwest Airlines filed a Motion for Intervention for the franchise application hearing, which was granted, making them a party to the hearing. On March 5, 1991 Southwest Airlines filed a Temporary Restraining Order seeking to postpone the hearing and rescind all the Authority's rules. This was denied on March 6, 1991.
On March 6, 1991, Southwest Airlines (SWA) filed its first lawsuit in Travis County District Court - Southwest Airlines Co. v. Texas High Speed Rail Authority, cause no. 91-3367. Among other things, this lawsuit brought into issue the validity of the Authority's procedural rules and the legality and composition of its board of directors. SWA asked the court to enjoin the Authority from proceeding with the hearing on the high speed rail franchise applications. A hearing on SWA's Application for Temporary Injunction Relief was held on March 12, 1991 with the court denying Southwest's request. On April 8, 1991, the court signed an order denying SWA's Application for Temporary Injunction. THSRA and Texas TGV later filed Pleas to the Jursidiction, in Abatement and/or in the alternative, Motions for Summary Judgement, requesting the court to dismiss the lawsuit. On April 3, 1992, a Hearing on the Pleas and Motions was held. The court granted the Pleas and Motions of the THSRA and Texas TGV. On May 13, 1992, a written Order for Dismissal was signed by the judge. On November 9, 1992, a Statement of Facts and Transcript of proceedings were filed in the Third Court of Appeals in Austin. Briefs were filed on January 19, 1993 and the case (cause no. 03-92-0552-CV) was argued on April 7, 1993. On August 25, 1993, the Court of Appeals affirmed the District Court's ruling. SWA filed a Motion for Rehearing on September 9, 1993, which was overruled on November 10, 1993. SWA's Application for Writ of Error was filed in the Texas Supreme Court on March 17, 1994. THSRA's and Texas TGV's responses were filed on May 2, 1994 (cause no. D-444). On September 8, 1994, the Texas Supreme Court denied Southwest's application. On December 13, 1994, the Third Court of Appleas filed its final order affirming the district court's judgement.
Southwest Airlines filed a second lawsuit in Travis County District Court, Southwest Airlines Co. v. Texas High Speed Rail Authority, cause no. 91-11148, on August 8, 1991. The lawsuit asked the court to set aside the Authority's May 28, 1991 Order awarding the high speed rail franchise. It also called into question the legality of the composition of the Authority's board. THSRA and Texas TGV filed Pleas to the Jurisdiction and Abatement against SWA requesting the district court to dismiss the lawsuit for lack of jurisdiction or in the alternative due to Southwest's lack of standing to bring a lawsuit. A hearing was held on November 22, 1991, with the court granting THSRA's and Texas TGV's pleas from the bench. On December 3, 1991, the district court signed an order granting the pleas and dismissing SWA's lawsuit. On February 18, 1992, SWA filed an appeal in the Third Court of Appeals in Austin (cause no. 903-92-00151-CV). The Court reaffirmed the order of dismissal of the district court on June 9, 1993. A motion for rehearing was filed on June 23, 1993. The Court of Appeals requested further briefing regarding section 10 of the High Speed Rail Act. All parties filed letter responses on September 17, 1993 and SWA filed a brief in response to the letter responses on September 27, 1993. The Court of Appeals overruled SWA's motion for rehearing on December 15, 1993. SWA filed a second motion for rehearing on December 30, 1993. The THSRA responded on January 18, 1994. The Court of Appeals overruled this motion for rehearing on January 26, 1994. SWA filed an Application for Writ of Error in the Texas Supreme Court on March 15, 1994 (cause no. 94-0242). THSRA and Texas TGV filed their responses on April 29th, and the Supreme Court denied SWA's application on September 8, 1994. SWA filed a motion for rehearing on September 21, 1994, and the replies were filed on September 28th. The Supreme Court overruled the motion for rehearing on December 8, 1994.
Southwest Airlines filed a third lawsuit in Travis County District Court, Southwest Airlines Co. v. Texas High Speed Rail Authority, cause no. 92-05154, on April 14, 1992. The lawsuit was contingent on whether or not the May 28, 1991 Order of THSRA granting the franchise was considered by the courts to be a final order in light of alleged substantive amendments or modifications made thereto by the Authority in its January 22, 1992 Order and the franchise agreement signed by the THSRA chairman on January 31, 1992. The courts never ruled on the final order issue.
This series contains court documents (applications, pleas,
motions, orders, exhibits, etc.) and correspondence and memoranda documenting
lawsuits filed by Southwest Airlines against the Texas High Speed Rail
Authority. Dates covered are ca. 1990-1994, the bulk dating 1991.
Correspondents include staff of the THRSA, the Attorney General's office, legal
firms representing Southwest Airlines, the Travis County District Clerk's
Office, and clerks of the Third Court of Appeals and the Texas Supreme Court.
Court documents filed by Southwest Airlines in the franchise application
hearing (and responses filed by THSRA and other parties in that hearing) can be
found in the series
These records are arranged by lawsuit. Some general folders precede the hearing files.
(Identify the item), Southwest Airlines litigation files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
[File contains briefs and other court documents from the first and second lawsuits - documents filed with the Third Court of Appeals and with the Texas Supreme Court, including letter briefs filed in the second lawsuit; along with correspondence re: the filings and court questions; and a chronology of SWA's litigation.]
[Pleas, petitions, orders and other court documents, and correspondence. A few sets of answers sent to the THSRA from the Attorney General's Office concern the second lawsuit as well, cause 91-11148.]
[Also includes items sent to Supreme Court from this case, cause no. D-444. File contains briefs, motions, a judgement and other court documents, along with correspondence.]
[Notice of filing of adminstrative record by THSRA, and index to the administrative record filed by THSRA in this case.]
[Briefs, petitions, motions, orders and other court documents, index to the administrative record filed by THSRA, and correspondence concerning filings during the initial hearing and some during its appeal.]
[The index and following volumes (I thru XXXV) were entered as the administrative record of docket 91-606-001 (franchise hearing) as exhibits for Texas High Speed Rail Authority in cause 91-11148.]
[Reply to Motion for Rehearing.]
[Plaintiff's Original Petition.]
The process to terminate the contract to build a high speed rail franchise began in 1994. Early in 1994 the Texas High Speed Rail Authority conferred with the Attorney General's Office on the options the Authority had to consider in response to Texas TGV's (the franchisee) failure to meet its financing deadline - the Equity Financing Commitment (EFC). The Authority could terminate the franchise, extend the deadlines, or amend the existing franchise agreement with a new order. The Authority issued a letter dated January 14, 1994 informing the franchisee that failure to meet the EFC deadline constituted an event of default under the franchise agreement. On the same day, the Authority received a letter signed by 14 state legislators urging it to terminate the franchise as soon as possible, with Governor Richards signing the letter in agreement. Texas TGV responded to the Authority with a letter stating it did not believe it was in default, due to actions beyond its control, mirroring the force majeure argument used in October 1992. THSRA sent a letter to the franchisee, notifying them it was contemplating termination of the franchise. On April 27, 1994, in an open meeting, the Authority took action to begin an administrative proceeding to terminate the agreement. A complaint was filed by the Attorney General on behalf of the Authority on May 26, 1994 in the State Office of Administrative Hearings, cause no. 94-606-865. A preliminary hearing was held on June 15. Several parties asked for intervenor status, all such requests were denied. In August 1994, the THSRA Board chairman began to negotiate a consent order to settle the administrative proceedings. A settlement was reached and signed by all parties on August 19, 1994. The settlement agreement terminated and rescinded the franchise, caused Texas TGV to provide sufficient funds to the Authority to provide operating funds for the 1995 fiscal year and to repay outstanding general revenue appropriation balances, and provided that Texas TGV would turn over non-proprietary project information to the Authority for its files. The settlement agreement did not allow the Authority to collect the $2.5 million abandonment bond. The Attorney General's Office publicly disagreed with this, and encouraged the Authority to collect the bond. The board felt the time and effort to collect the abandonment bond would diminish its net value to the Authority and prolong the time rural land owners would be affected by the presence of the franchise, so that issue was not pursued.
This series contains correspondence, memoranda, compliants, affidavits, motions, and other court documents from the hearing held in 1994 by the Texas State Office of Administrative Hearings (SOAH) regarding the termination of the franchise agreement to operate a high speed rail system in Texas between the Texas High Speed Rail Authority and the Texas TGV Consortium. Also present is a handbook on SOAH hearing procedures. Records are dated in 1994, generally between May 26 and November 1, 1994.
Additional files concerning the termination of the franchise
agreement can be found in the series
The records are arranged by type of record. The handbook is filed first, followed by a few court documents, then a notebook of pleadings (copies of various legal/court documents submitted as part of the hearing process), then a series of document entered into the hearing, ordered by assigned file numbers.
(Identify the item), State Office of Administrative Hearings, Hearing files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
[Note: Documents include the initial Complaint, Notice of Prehearing Conference and Prehearing Order, several Motions to Intervene, several Special Exceptions and Motions in Opposition, Prehearing Orders, affidavits, and several motions and responses to those motions. An index to all documents in the Pleadings notebook is present in the front of the notebook. Most, if not all of these can also be found in the following series of documents entered into the hearing with assigned file numbers.]
[Letter from a citizen's group, DERAIL, requests party status in the franchise termination hearing.]
This series consists of correspondence with and attorney fee bills of legal firms hired by the Texas High Speed Rail Authority to handle various legal duties associated with the high speed rail project. Dates covered are 1990-1993. While the Attorney General's Office handled much of the legal issues encountered by the Authority, it also employed outside legal counsel at times. Most of the material is from the Jackson and Walker law firm who served as outside legal counsel of the Authority from April 1990 to January 1992. Correspondence and fee bills with them are present through mid 1993. A few files from other attorneys are present, mostly advertising their services to the agency. There are incoming and outgoing letters and memoranda, most from the executive director or board members of the THSRA, and some from the Attorney General's Office, with the law firms. A large portion of the files are attorney fee bills and correspondence and memoranda discussing the fee bills. Topics covered include the hiring of advisors to review and comment on the franchise applications, the franchise award process and hearings, negotiation of the franchise agreement, and litigation by Southwest Airlines.
See the series
These records are arranged by law firm, then type of record, roughly in chronological order within the large wallets.
(Identify the item), Legal files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions, an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
This series consists of contracts and accompanying correspondence between the Texas High Speed Rail Authority and outside legal counsel, outside financial counsel, advisors chosen to review and comment on the high speed rail franchise applications, and consultants chosen to establish a disadvantaged business enterprise program (DBE). Also present are invoices from the Hadley Group (THG), the firm chosen as outside financial consultants for the Authority and a few reports produced by advisors. Dates of the records are 1990-1994, with the bulk dating 1990-1992.
Additional contracts and with outside legal counsel are in the
series
These records are arranged roughly by type of consultant (general files, advisor contracts, financial consultant's files).
(Identify the item), Contracts, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions, an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Note: Includes contracts with outside legal counsel, financial consultants, and advisors.]
This series consists of state legislation, both drafts and final copies of bills and bill analyses; federal legislation; reports from Congressional hearings; correspondence; memoranda; and notes. Dates covered are 1983-1985 and 1988-1995, the bulk dating 1989-1993. These files document the legislative process that created the Texas High Speed Rail Authority in 1989 as well as that which terminated the Authority in 1995. Copies of Texas House and Senate bills introduced that concerned the Texas high speed rail project are present as well as a few U.S. Congress pieces of legislation and reports on Congressional hearings concerning high speed rail transportation. Filed at the end of the legislative records are a few folders re: a Houston/Dallas rail study in 1983-1985, with correspondence re: the study and the proposed high speed rail project in 1989.
The state legislation is filed first, followed by federal files, then the Houston/Dallas rail study. Within each group files are arranged as received.
(Identify the item), Legislation, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
[Note: Includes a copy of the agency's retention schedule, filed in 1994.]
This series consists of correspondence, contracts, brochures,
directories, and testimony from public hearings. Dates covered are 1990-1994.
These files document the establishment of the disadvantaged business enterprise
(DBE) program for the Texas High Speed Rail Authority by outside consultants.
Contracts and a small amount of correspondence with the DBE consultants is also
in the series
These records are arranged by record type.
(Identify the item), Disadvantaged Business Enterprise Program files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
None.
[Brochures on state's DBE program.]
This series consists of several sets of maps and a few individual maps gathered for use in the high speed rail project by the Texas High Speed Rail Authority or consultants in its employ, dating 1981-1990, the bulk dating 1989-1990. These are maps of areas of the state that would be affected by the proposed high speed rail system. All of the maps were gathered for reference purposes and were created and published by outside sources with the exception of three maps that were done either by THSRA staff or the consultants working on the environmental impact statement (EIS). Most of the maps were likely gathered for use in the EIS preparation, but this cannot be confirmed as the maps are not listed on the inventories found with records of that project.
Types of maps present in this series includes sheets of aerial photos, some also known as orthophoto maps; railroad maps of the state; large topographic sheets with HRS rail stations and routes added; a map of Texas TGV's alternative routes; corridor location maps for the MOKAN lines in the Austin, Texas area; an electric boundary map of Texas; and a Texas aeronautical facilities map.
For maps produced as part of the EIS process, see the series
These records are unarranged.
(Identify the item), Maps, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
The maps in this series are too large to photocopy. See the photograph archivist for other copying options.
[Large roll of maps - there are aerial photographs. There are 48 maps.]
[Large roll of maps - there are aerial photographs. This roll has 22 maps.]
[Large roll of maps - there are aerial photographs. This roll
has 12 maps. The word
[These are blueprint aerial photos of a portion of Guadalupe County showing the proposed route relative to small tracts, trailer parks, etc. There are 10 maps.]
[These are from the Austin, Texas area.]
[These were likely done by the EIS consultants or were done for the EIS project.]
This series consists of photographs, videotapes, audio cassettes, and slides, dating 1990-1992, undated. These materials document news clips, talks and presentations of the Texas High Speed Rail Authority about the Texas high speed rail project and the companies competing for the high speed rail franchise, Texas TGV and Texas FasTrac. There are photographs of a few THSRA Commissioners present along with audio cassettes of THSRA's budget hearings in 1992. There several unlabeled audio cassettes that may come from other budget hearings, but their content is unknown as they have not been reviewed.
Additional slides and photos from high speed rail presentations
can be found in the series
Archives staff have not listened to the audiocassettes nor viewed the videocassettes and are unable to verify the accuracy of the contents.
These records are arranged by format - photographs, videocassettes, audiocassettes, slides.
(Identify the item), Audio-visual materials, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
None.
Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.
The Archives may not have the correct audio-visual equipment to play back all formats of video-cassettes. Check with the photograph archivist for more information.
[Note: The video cases list the dates and times of the clips and which stations they appeared on.]
[cassettes 1-3, 5; cassette 4 is missing or filed with unlabeled audiocassettes]
This series consists of memos, correspondence, open records requests, drafts, working papers, contracts and agreements, reports, proprietary information and financial statements, and certified board agenda for executive sessions, dating 1983, 1990-1994. These are records from various series of the Texas High Speed Rail Authority records filed or marked as confidential that were maintained separately by the agency from other records in their respective series. Correspondents include THRSA board members and staff, Office of the Attorney General, the franchisee (Texas TGV), the franchise applicants, outside legal counsel, outside financial counsel, consultants conducting the ridership study, consultants preparing the environmental impact statement, and persons filing open records requests. Topics covered include upcoming board agenda items, the franchise applications, the franchise agreement, initial agreements and contract renegotiations, the ridership study, the environmental impact statement, legal research, and the termination of the franchise agreement.
See the following series for related materials:
The records in this series were filed separately from other series because they were all marked as or considered to be confidential by the agency at the time of their creation. Many, if not most, of the restrictions are no longer in effect. The restrictive clauses in the Communications Protocol, which governed some restrictions in the series, are no longer in effect. They expired with the demolishment of the agency. However, because of the possibility that portions of these records could fall under other Public Information Act exceptions, an archivist must review these records before they can be accessed for research. See the Restrictions on Access statement for more information.
These records are arranged as received.
(Identify the item), Confidential files, Records, Texas High Speed Rail Authority. Archives and Information Services Division, Texas State Library and Archives Commission.
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, commercial or financial information (V.T.C.A., Government Code, Section 552.110), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
None.
[Note: Formerly misfiled in folder titled
[Note: Subject to Protective Order, Docket No. 91-606-001, Order No. 6. One copy has this note. It was likely used as evidence or as an exhibit in the franchise application hearing.]