Limitation on Expenditures for High-speed Rail.

None of the funds appropriated above to the Department of Transportation from state funds may be used for the purposes of subsidizing or assisting in the construction of high-speed passenger rail. If the Department of Transportation acts as a joint-lead agency with a federal agency under 40 C.F.R. §1506.2, this section does not prevent the Department of Transportation from using state funds to exercise its authority for oversight and coordination of federal processes and programs for a project that has a final Environmental Impact Statement and formal authorization to operate from all relevant federal authorities, entities, and agencies. The Department of Transportation shall not expend resources to coordinate access to right of ways on state highways for a high-speed rail project unless and until the high-speed rail project has established that it possesses eminent domain authority in the State of Texas through a final, non- appealable judgment entered by a Texas court of competent jurisdiction. For the purposes of this section, high-speed rail means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.