By fast track and proposed by the parliamentary group of Brunettethe Plenary of the Chamber of Deputies approved modifications to the General Communications Law, the Railway Service Regulatory Law and the Federal Law of Federative Entities, to allow the head of the Federal Executive Branch to directly assign the operation of the mayan train to the Secretary of National Defense (sedena), indefinitely.
The initiative considered of urgent resolution was proposed by the Morenista deputy Pablo Amílcar Sandoval Ballesteros and endorsed by 263 votes in favor and 218 against. go to Senate of the Republic for your analysis.
As stated in the opinion, the initiative aims to establish that the titles of allocation of railway trackss must always remain in the hands of the State and that there must be an indefinite period of time for them.
Therefore, it indicates that the Federal Executive will exercise its powers through the Secretariat of Infrastructure, Communications and Transportation (SICT), in the case of granting, interpretation and fulfillment of assignments.
The foregoing opens the door for the Mexican president to assign directly, without bidding and for an indefinite period, the operation of the mayan train to the sedena.
And it is that the figure of allocation is created, in addition to that of concession, and the head of the Federal Executive Power is empowered, to “assign directly to parastatal entities the provision of public services, as well as the use, exploitation and exploitation of assets subject to to the federation’s public domain regime, for reasons of public utility and interest, general interest, social interest or national security, when it does not contravene its corporate purpose and without the need for bidding.
It determines that the assignment title in favor of parastatal entities will have an indefinite validity and once said assignment is granted “it cannot be assigned or transferred under any title; It can only conclude when it is irrefutably proven that there is no utility or public interest, general interest, social interest or reasons of national security that justify it.”
In addition, it mentions that when the law on the matter does not specifically regulate the allocation for the provision of services, it will be governed, where appropriate, by the same provisions that apply to concessions.
And the title of allocation of provision of public services, as well as the use and exploitation of assets subject to the regime of public domain of the Federation in favor of parastatal entities will have an indefinite validity.
As long as, in no case, the assignment may be assigned or transferred to individuals; It can only be modified or canceled when the extinction of the causes of utility and public interest, general interest, social interest or national security that gave rise to it is reliably proven.
In his arguments, the deputy Pablo Amílcar Sandoval Ballesteros (Morena), expressed that three laws on railways are being reformed, since according to article 28 of the Constitution, this matter is a priority area for national development.
While PAN deputy Víctor Manuel Pérez Díaz said that he wants to formalize the allocation figure in the law, without having a study or having a market model; again the State as administrator.
Meanwhile, Miguel Sámano Peralta, deputy of the PRI, considered that with this initiative it is intended to create an arbitrary regime, the door is opened to direct allocations by the Executive. “The reform affects the competition of concessionaires under the argument that it is in the search of the public interest.”
Arturo Bonifacio de la Garza Garza, MC deputy, said that the Federal Government has assigned more and more power to the country’s Armed Forces, such as the management of customs and commercial ports, and key infrastructure works for the president, such as the Felipe Ángeles Airport (AIFA) or the Mayan Train, “which have been involved in endless environmental controversies and budget transparency.”
This initiative, without prior analysis or discussion in commissions, he added, will allow the Armed Forces to be given full control of works and projects that are carried out indefinitely; The Federal Law of Federative Entities is modified so that Sedena is in charge of key projects in strategic areas of the country and indefinitely.
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