CHAPTER 91. RAIL FACILITIES
TRANSPORTATION CODE
TITLE 5. RAILROADS
SUBTITLE A. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 91. RAIL FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 91.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Transportation Commission.
(2) "Construction" includes design, planning, and preliminary
studies.
(3) "Department" means the Texas Department of Transportation.
(4) "Maintenance facility" includes:
(A) a workshop;
(B) a service, storage, security, or personnel facility; and
(C) equipment for a facility described by Paragraph (A) or (B).
(5) "Operation" includes policing.
(6) "Rail facility" means real or personal property, or any
interest in that property, that is determined to be necessary or
convenient for the provision of a freight or passenger rail
facility or system, including commuter rail, intercity rail,
high-speed rail, and tri-track. The term includes all property
or interests necessary or convenient for the acquiring,
providing, using, or equipping of a rail facility or system,
including rights-of-way, trackwork, train controls, stations, and
maintenance facilities.
(7) "Revenue" includes a charge, toll, rent, payment, user fee,
franchise fee, license fee, fare, tariff, and other
consideration:
(A) received in return for the use of:
(i) a rail facility; or
(ii) a service offered in connection with the operation of a
rail facility; or
(B) resulting from a sale or conveyance of a rail facility.
(8) "Right-of-way" means a strip of land of a length and width
determined by the commission to be required, necessary, or
convenient for the provision of a rail facility or system and the
space over, under, or on the land where trackwork is to be
located.
(9) "Station" means a passenger or freight service building,
terminal, station, ticketing facility, waiting area, platform,
concession, elevator, escalator, facility for handicapped access,
access road, parking facility for passengers, baggage handling
facility, or local maintenance facility, together with any
interest in real property necessary or convenient for those
items.
(10) "Surplus revenue" means:
(A) revenue that exceeds the department's debt service
requirements, coverage requirements of any bond indenture, costs
of operation and maintenance, and cost of expansion or
improvement of a rail facility or system; and
(B) reserves and reserve funds maintained by the department
under this chapter.
(11) "Trackwork" means track, track beds, track bed preparation,
ties, rail fasteners, slabs, rails, emergency crossovers, setout
tracks, storage tracks, drains, fences, ballast, switches,
bridges, and structures.
(12) "Train controls" includes:
(A) signals, lights, and other signaling;
(B) interlocking equipment;
(C) speed monitoring equipment;
(D) braking systems;
(E) central traffic control facilities; and
(F) communication systems.
(13) "Tri-track" means a triangular monorail beam guideway:
(A) constructed at a grade above surface modes of
transportation;
(B) for use by dual-mode vehicles capable of using the guideway
or a highway; and
(C) with entrances accessible from and exits accessible to
highways.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 1.01, eff. June 14, 2005.
Sec. 91.002. PUBLIC PURPOSE. The following functions are public
and governmental functions, exercised for a public purpose, and
matters of public necessity:
(1) the acquisition, financing, construction, operation, and
maintenance of a rail facility under this chapter;
(2) the sale, lease, or license of a rail facility to a rail
operator and other public or private persons under this chapter;
and
(3) the exercise of any other power granted under this chapter
to the commission and the department.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.003. RULES. The commission may adopt rules and the
department may adopt procedures and prescribe forms necessary to
implement this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.004. GENERAL POWERS. (a) The department may:
(1) plan and make policies for the location, construction,
maintenance, and operation of a rail facility or system in this
state;
(2) acquire, finance, construct, maintain, and subject to
Section 91.005, operate a passenger or freight rail facility,
individually or as one or more systems;
(3) for the purpose of acquiring or financing a rail facility or
system, accept a grant or loan from a:
(A) department or agency of the United States;
(B) department, agency, or political subdivision of this state;
or
(C) public or private person;
(4) contract with a public or private person to finance,
construct, maintain, or operate a rail facility under this
chapter; or
(5) perform any act necessary to the full exercise of the
department's powers under this chapter.
(b) Except as provided by Subsection (c), money appropriated or
allocated by the United States for the construction and
maintenance in this state of rail facilities owned by any public
or private entity shall be administered by the commission and may
be spent only under the supervision of the department.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
16, Sec. 1
(c) Subsection (b) does not apply to money appropriated or
allocated:
(1) to a transit authority described by Chapter 451, a
transportation authority described by Chapter 452 or 460, or a
transit department described by Chapter 453; or
(2) for use by:
(A) a port authority or navigation district created or operating
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution; or
(B) a district created under:
(i) Chapter 171;
(ii) Chapter 623, Acts of the 67th Legislature, Regular Session,
1981 (Article 6550c, Vernon's Texas Civil Statutes);
(iii) Article 6550c-1, Revised Statutes; or
(iv) Article 6550c-3, Revised Statutes.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
85, Sec. 4.02
Text of subsection effective on April 01, 2011
(c) Subsection (b) does not apply to money appropriated or
allocated:
(1) to a transit authority described by Chapter 451, a
transportation authority described by Chapter 452 or 460, or a
transit department described by Chapter 453; or
(2) for use by:
(A) a port authority or navigation district created or operating
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution; or
(B) a district created under Chapter 172 of this code or Chapter
623, Acts of the 67th Legislature, Regular Session, 1981 (former
Article 6550c, Vernon's Texas Civil Statutes).
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 1.02, eff. June 14, 2005.
Acts 2009, 81st Leg., R.S., Ch.
16, Sec. 1, eff. May 12, 2009.
Acts 2009, 81st Leg., R.S., Ch.
85, Sec. 4.02, eff. April 1, 2011.
Sec. 91.005. RELIANCE ON PRIVATE ENTITIES. The department shall
contract with a private entity to operate a railroad using
facilities owned by the department and may not use department
employees to operate a railroad. The department may maintain a
railroad facility directly or through a private entity. The
department may not own rolling stock.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.006. COOPERATION OF STATE AGENCIES AND POLITICAL
SUBDIVISIONS. Within available resources, an agency or political
subdivision of this state shall cooperate with and assist the
department in exercising its powers and duties under this
chapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.007. NOTIFICATION OF INTENT TO ABANDON OR DISCONTINUE
SERVICE. On receipt of notice of intent to abandon or
discontinue rail service served under 49 C.F.R. Section 1152.20,
as amended, the department shall coordinate with the governing
body of a municipality, county, or rural rail transportation
district in which all or a segment of the line is located to
determine whether:
(1) the department should acquire the rail facility to which the
notice relates; or
(2) any other actions should be taken to provide for continued
rail transportation service.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
SUBCHAPTER B. ACQUISITION AND DEVELOPMENT OF RAIL FACILITIES
Sec. 91.031. ESTABLISHMENT OF RAIL SYSTEMS. (a) If the
commission determines that the provision of rail transportation
services would be most efficiently and economically met by
jointly operating two or more rail facilities as one operational
and financial enterprise, it may create a system composed of
those facilities.
(b) The commission may create more than one system and may
combine two or more systems into one system.
(c) The department may finance, acquire, construct, and operate
additional rail facilities as additions to and expansions of the
system if the commission determines that the facility would most
efficiently and economically be acquired and constructed if it
were a part of the system and that the addition will benefit the
system.
(d) The revenue of a system shall be accounted for separately
and may not be commingled with the revenue of a rail facility
that is not part of the system.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.032. ACQUISITION OF RAIL FACILITIES. (a) The
commission may authorize the department to acquire an existing
rail facility at a location and on a route the commission
determines to be feasible and viable for rail transportation
service.
(b) The department may enter into an agreement with the owner of
an operating railroad for the acquisition or use of a rail
facility on terms the department considers to be in the best
interest of the state.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.033. ENVIRONMENTAL REVIEW. (a) The department shall
conduct or approve all environmental evaluations or studies
required for the construction, maintenance, or operation of a
rail facility.
(b) The commission may adopt rules to allocate responsibility
for conducting an environmental evaluation or study or preparing
environmental documentation among entities involved in the
construction, maintenance, or operation of a rail facility under
this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.034. ENVIRONMENTAL MITIGATION. (a) The department may
acquire, maintain, hold, restore, enhance, develop, or redevelop
property for the purpose of mitigating a past, present, or future
adverse environmental effect arising from the construction,
maintenance, or operation of a rail facility without regard to
whether the need for mitigation has already been established for
a particular project.
(b) The department may contract with a governmental or private
entity to maintain, control, hold, restore, enhance, develop, or
redevelop property for the mitigation of a past, present, or
future adverse environmental effect arising from the
construction, maintenance, or operation of a rail facility
without regard to whether the need for mitigation has already
been established for a particular project.
(c) If authorized by the applicable regulatory authority, the
department may pay an amount of money to an appropriate
governmental or private entity instead of acquiring or managing
property for the mitigation of a past, present, or future adverse
environmental effect arising from construction, maintenance, or
operation of a rail facility without regard to whether the need
for mitigation has already been established for a particular
project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.035. USE OF FACILITIES BELONGING TO PUBLIC OR PRIVATE
ENTITY. (a) The department, for the purpose of acquiring,
constructing, maintaining, and operating freight or passenger
rail facilities and systems in this state, may:
(1) use a street, alley, road, highway, or other public way of a
municipality, county, or other political subdivision with the
consent of that political subdivision; and
(2) at the expense of the department, relocate, raise, reroute,
or change the grade of the construction of a street, alley,
highway, road, railroad, electric line and facility, telegraph
and telephone property and facility, pipeline and facility,
conduit and facility, and other properties, whether publicly or
privately owned, as necessary or useful in the construction,
maintenance, and operation of a rail facility or system.
(b) The department shall provide reasonable notice to the owner
of the applicable facility of the need for the alteration under
Subsection (a)(2) and allow that owner the opportunity to
complete the alteration.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.036. EXPENDITURE OF FUNDS. Subject to Section
91.071(b), the department may receive, accept, and expend funds
from this state, a federal agency, or other public or private
source for:
(1) rail planning;
(2) studies to determine the viability of a rail facility for
rail transportation service;
(3) studies to determine the necessity for the department's
acquisition or construction of a rail facility; and
(4) the acquisition, construction, maintenance, or operation of
a rail facility under this chapter, including the assessment and
remediation of environmental contamination existing in or on a
rail facility.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.0361. CERTAIN FREIGHT RAILROAD PROJECTS. (a) If
sufficient funds from bonds sold to construct the Central Texas
turnpike project or from the Texas mobility fund are available,
the department may, and is strongly encouraged to, use the funds
for engineering, design, grading, and construction necessary to
create a grade-separated freight rail line capable of being
safely traveled by trains operating at not less than 80 miles per
hour in or adjacent to the State Highway 130 corridor.
(b) The department may, and is strongly encouraged to, enter
into negotiations with any Class I railroad concerning building
and operating a freight railroad in or adjacent to the State
Highway 130 corridor. The department may explore with any Class I
railroad the possibility of operating the freight railroad line
in or adjacent to the State Highway 130 corridor as a
revenue-producing partnership that could benefit this state and
the current holders of bonds used in the financing of State
Highway 130.
(c) This section may not be construed to allow any delay in the
current published schedule for the construction and completion of
State Highway 130.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.037. CONTRACTS WITH GOVERNMENTAL ENTITIES. This chapter
does not apply to real or personal property, facilities, funding,
projects, operations, construction, or a project plan of a
transportation authority created under Chapter 451, 452, or 460
unless the commission or its designee has signed a written
agreement with the transportation authority specifying the terms
and conditions under which the transportation authority may
participate.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
SUBCHAPTER C. CONTRACTS
Sec. 91.051. AWARDING OF CONTRACTS. Except for a contract
entered into under Section 91.052, 91.054, or 91.102, a contract
made by the department for the construction, maintenance, or
operation of a rail facility must be let by a competitive bidding
procedure in which the contract is awarded to the lowest
responsible bidder that complies with the department's criteria.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 1.03, eff. June 14, 2005.
Sec. 91.052. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE RAIL
FACILITIES. The department may enter into an agreement with a
public entity, including a political subdivision of this state,
to permit the entity, independently or jointly with the
department, to acquire, construct, maintain, or operate a rail
facility or system.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.053. SMALL AND DISADVANTAGED BUSINESSES. (a) The
department shall:
(1) set goals for the award of contracts to small and
disadvantaged businesses and attempt to meet the goals;
(2) attempt to identify small and disadvantaged businesses that
provide or have the potential to provide supplies, materials,
equipment, or services to the department; and
(3) give small and disadvantaged businesses full access to the
department's contract bidding process and other contracting
processes, inform the businesses about those processes, offer the
businesses assistance concerning those processes, and identify
barriers to the businesses' participation in those processes.
(b) This section does not exempt the department from competitive
bidding requirements imposed by other law.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.054. COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) To the
extent and in the manner that the department may enter into a
comprehensive development agreement under Chapter 223, the
department may enter into a comprehensive development agreement
under this chapter that provides for the financing, design,
acquisition, construction, maintenance, or operation of a rail
facility or system. All provisions of Chapter 223 relating to
comprehensive development agreements apply to comprehensive
development agreements for facilities under this chapter,
including provisions relating to the confidentiality of
information. Claims arising under a comprehensive development
agreement are subject to Section 201.112.
(b) The department may combine in a comprehensive development
agreement under this chapter a rail facility or system and a toll
project as defined by Section 201.001.
(c) The department may not enter into a comprehensive
development agreement with a private entity under this chapter
that provides for the lease or use of rights-of-way or related
property by the private entity to construct, operate, or maintain
a facility that is unrelated to the operation of the rail
facility or system.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 1.04, eff. June 14, 2005.
SUBCHAPTER D. FINANCING OF RAIL FACILITIES
Sec. 91.071. FUNDING. (a) Except as provided in Subsection
(b), the department may use any available funds to implement this
chapter, including funds from the state infrastructure bank.
(b) Except for money received from the Texas economic
development bank fund under Section 489.102, Government Code, the
department may not spend money from the general revenue fund to
implement this chapter except pursuant to a line-item
appropriation.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.
5.01(a), eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 1.05, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1410, Sec. 3, eff. June 15, 2007.
Sec. 91.072. FINANCING OF RAIL FACILITIES AND SYSTEMS. (a) The
commission and the department have the same powers and duties
relating to the financing of a rail facility or a system
established under Section 91.031 as the commission and the
department have under Subchapter E, Chapter 361, relating to the
financing of a turnpike project, including the ability to deposit
the proceeds of bonds or other obligations and to pledge,
encumber, and expend such proceeds and revenues as provided in
Chapter 361.
(b) The powers held by the commission and the department include
the power to:
(1) authorize the issuance of bonds to pay all or part of the
cost of acquiring, constructing, maintaining, or operating a rail
facility or system;
(2) maintain separate accounts for bond proceeds and the
revenues of a rail facility or system, and pledge those revenues
and proceeds to the payment of bonds or other obligations issued
or entered into with respect to the facility or system;
(3) impose fees, rents, and other charges for the use of a rail
facility or system; and
(4) obtain from another source the fees and other revenue
necessary to pay all or part of the principal and interest on
bonds issued under this chapter.
(c) For purposes of this section, a reference in Subchapter E,
Chapter 361 to:
(1) a turnpike project means a rail facility or system; and
(2) revenue includes a fee, rent, or other usage charge
established under this chapter or other money received under
Sections 91.073 and 91.074.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.073. GRANTS AND LOANS. The department may apply for,
accept, and expend money from grants, loans, or reimbursements
for any purpose of this chapter, including paying for the cost of
the acquisition, construction, maintenance, and operation of a
rail facility or system.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.074. REVENUE. (a) The department may require a person,
including any public or private entity, to pay a fee as a
condition of using any part of a rail facility or system. The
department may not require a person to pay a fee in connection
with the placement, maintenance, or other use of a public utility
facility.
(b) The department shall establish and maintain rents or other
compensation for the use of rail facilities or systems in an
amount that is, together with other revenue of the department
received under this chapter, sufficient to enable the department
to comply with the requirements of Section 91.072.
(c) The department may contract with a person for the use of all
or part of a rail facility or system or may lease or sell all or
part of a rail facility or system, including all or any part of
the right-of-way adjoining trackwork, for any purpose, including
placing on the adjoining right-of-way a storage or transfer
facility, warehouse, garage, parking facility, telecommunication
line or facility, restaurant, or gas station. Any portion of a
rail facility or system that is used or leased by a private
person under this subsection for a commercial purpose is not
exempt from ad valorem taxation and is subject to local zoning
regulations and building standards.
(d) The department shall not unreasonably discriminate in
deciding who may use any part of a rail facility or system.
(e) All revenue received by the department under this chapter:
(1) shall be deposited to the credit of the state highway fund
and may be used for any purpose authorized by this chapter; and
(2) is exempt from the application of Section 403.095,
Government Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 1.06, eff. June 14, 2005.
Sec. 91.075. PASS-THROUGH FARES. (a) In this section,
"pass-through fare" means:
(1) a per passenger fee or a per passenger mile fee that is
determined by the number of passengers using a passenger rail
facility; or
(2) a fee that is determined based on the number of carloads or
commodity tonnages shipped using a freight rail facility.
(b) The department may enter into an agreement with a public or
private entity that provides for the payment of pass-through
fares to the public or private entity as reimbursement for the
acquisition, design, development, financing, construction,
relocation, maintenance, or operation of a passenger rail
facility or a freight rail facility by the entity.
(c) The department may use any available funds for the purpose
of making a pass-through fare payment under this section,
including funds from the state infrastructure bank.
(d) The commission may adopt rules necessary to implement this
section. Rules adopted under this subsection may include
criteria for:
(1) determining the amount of pass-through fares to be paid
under this section; and
(2) allocating the risk that ridership on a passenger rail
facility or carloads or commodity tonnages shipped on a freight
rail facility will be higher or lower than the parties to an
agreement under this section anticipated in entering into the
agreement.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 1.07, eff. June 14, 2005.
SUBCHAPTER E. ACQUISITION AND DISPOSAL OF PROPERTY
Sec. 91.091. ACQUISITION OF REAL PROPERTY. (a) The commission
may authorize the department to acquire in the name of the state
a right-of-way, a property right, or other interest in real
property determined to be necessary or convenient for the
department's acquisition, construction, maintenance, or operation
of rail facilities.
(b) The commission may authorize the department to acquire
property by any method, including purchase and condemnation.
Property may be purchased under any terms determined by the
department to be in the best interest of the state.
(c) Property may be purchased along alternative potential routes
for a rail facility even if only one of those potential routes
will ultimately be chosen as the final route.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.092. PROPERTY NECESSARY OR CONVENIENT FOR RAIL
FACILITIES. Property necessary or convenient for the
department's acquisition, construction, maintenance, or operation
of rail facilities includes an interest in real property or a
property right the commission determines is necessary or
convenient to provide:
(1) right-of-way for a location for:
(A) a rail facility; or
(B) the future expansion of a rail facility;
(2) land for mitigation of adverse environmental effects;
(3) buffer zones for scenic or safety purposes; and
(4) revenue for use in acquiring, constructing, maintaining, or
operating a rail facility or system, including revenue received
under a contract described by Section 91.074(c).
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.093. RIGHT OF ENTRY. (a) To acquire property necessary
or convenient for a rail facility, the department may enter any
premises or real property, including a body of water, to make a
survey, geotechnical evaluation, sounding, or examination.
(b) An entry under Subsection (a) or (d) is not:
(1) a trespass; or
(2) an entry under a pending condemnation procedure.
(c) The department shall make reimbursements for actual damages
that result from an entry under Subsection (a) or (d).
(d) To ensure the safety and convenience of the public, the
department shall, when entering any real property, water, or
premises on which is located a public utility facility:
(1) comply with applicable industry standard safety codes and
practices; and
(2) notwithstanding Subsection (a), give the owner or operator
of the public utility facility not less than 10 days' notice
before entering the real property, water, or premises.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.094. CONVEYANCE OF PROPERTY BELONGING TO POLITICAL
SUBDIVISION OR PUBLIC AGENCY. The governing body of a
municipality, county, political subdivision, or public agency
may, without advertisement, convey the title to or a right in
property determined to be necessary or convenient by the
department under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.095. DISPOSAL OF PROPERTY. The department may sell,
convey, or otherwise dispose of any rights or other interests in
real property acquired under this subchapter that the commission
determines are no longer needed for department purposes.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
SUBCHAPTER F. OPERATION AND USE OF RAIL FACILITIES
Sec. 91.101. CONTRACTS FOR RAIL TRANSPORTATION SERVICES. The
department may contract with a county or other political
subdivision of the state for the department to provide rail
transportation services on terms agreed to by the parties.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.102. CONTRACTS WITH RAIL OPERATORS. (a) The department
may lease all or part of a rail facility or system to a rail
operator. The department may contract with a rail operator for
the use or operation of all or part of a rail facility or system.
(b) The department shall encourage to the maximum extent
practical the participation of private enterprise in the
operation of rail facilities and systems.
(c) A lease agreement shall provide for the department's
monitoring of a rail operator's service and performance.
(d) The department may enter into an agreement with a rail
operator to sell all or any part of state-owned rail facilities
on terms the department considers to be in the best interest of
the state.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.103. JOINT USE OF RAIL FACILITIES. The department may:
(1) enter into an agreement with a rail operator, public
utility, private utility, communication system, common carrier,
or transportation system for the common use of its facilities,
installations, or properties; and
(2) establish through routes, joint fares, and, subject to
approval of a tariff-regulating body having jurisdiction,
divisions of tariffs.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.104. ROUTINGS. The department may determine routings
for rail facilities acquired, constructed, or operated by the
department under this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.
Sec. 91.105. PLACEMENT OF UTILITY FACILITIES, LINES, AND
EQUIPMENT. (a) A utility has the same right to place its
facilities, lines, or equipment in, over, or across right-of-way
that is part of a state-owned rail facility as the utility has
with respect to the right-of-way of a state highway under Chapter
181, Utilities Code. A utility shall notify the department of the
utility's intention to exercise authority over right-of-way that
is part of state-owned rail facilities.
(b) On receipt of notice under Subsection (a), the department
may designate the location in the right-of-way where the utility
may place its facilities, lines, or equipment.
(c) The department may require a utility to relocate the
utility's facilities, lines, or equipment, at the utility's
expense, to allow for the expansion or relocation of rail
facilities owned by the state. A relocation under this subsection
must be accomplished pursuant to Subsections (e)-(j). The
department shall pay for the cost of the relocation. If a utility
facility is replaced, the cost of replacement is limited to an
amount equal to the cost of replacing the facility with a
comparable facility, less the net salvage value of the replaced
facility.
(d) A utility may use and operate a facility required to be
relocated under this section at the new location for the same
period and on the same terms as the utility had the right to do
at the previous location of the facility.
(e) If the department determines that a public utility facility
must be relocated, the utility and the department shall negotiate
in good faith to establish reasonable terms and conditions
concerning the responsibilities of the parties with regard to
sharing of information about the project and the planning and
implementation of any necessary relocation of a public utility
facility.
(f) The department shall use its best efforts to provide an
affected utility with plans and drawings of the project that are
sufficient to enable the utility to develop plans for, and
determine the cost of, the necessary relocation of the public
utility facility. If the department and the affected utility
enter into an agreement after negotiations under Subsection (e),
the terms and conditions of the agreement govern the relocation
of public utility facilities covered by the agreement.
(g) If the department and an affected utility do not enter into
an agreement under Subsection (e), the department shall provide
to the affected utility:
(1) written notice of the department's determination that the
public utility facility must be removed;
(2) a final plan for relocation of the public utility facility;
and
(3) reasonable terms and conditions for an agreement with the
utility for the relocation of the public utility facility.
(h) Not later than the 90th day after the date a utility
receives the notice from the department, including the plan and
agreement terms and conditions under Subsection (g), the utility
shall enter into an agreement with the department that provides
for the relocation.
(i) If the utility fails to enter into an agreement within the
90-day period under Subsection (h), the department may relocate
the public utility facility at the sole cost and expense of the
utility less any reimbursement of costs that would have been
payable to the utility under applicable law. A relocation by the
department under this subsection shall be conducted in full
compliance with applicable law, using standard equipment and
construction practices compatible with the utility's existing
facilities, and in a manner that minimizes disruption of utility
service.
(j) The 90-day period under Subsection (h) may be extended:
(1) by mutual agreement between the department and the utility;
or
(2) for any period during which the utility is negotiating in
good faith with the department to relocate its facility.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21,
2003.