CHAPTER 341. PRIVATE CAUSEWAYS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE F. PRIVATE CAUSEWAYS, FERRIES, AND CERTAIN TOLL BRIDGES
CHAPTER 341. PRIVATE CAUSEWAYS
Sec. 341.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of Texas.
(2) "Structure" means a combination bridge, dam, dike, or
causeway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 341.002. GENERAL AUTHORITY TO ACT. Subject to Chapter 33,
Natural Resources Code, an individual, corporation, or
association may purchase, build, own, maintain, and operate a
structure across an arm, inlet, or saltwater bay of the Gulf of
Mexico located entirely in this state to provide a causeway for
vehicles, pedestrians, and railroads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 341.003. CAUSEWAY CORPORATION. (a) A corporation may be
formed and chartered under this chapter, Title 32, Revised
Statutes, the Texas Business Corporation Act, or the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) for the purposes provided by Section
341.002.
(b) The corporation:
(1) is subject to regulation by the commission in regard to the
powers and provisions of this chapter;
(2) may contract to convey to an individual or another
corporation an easement for the use of its structure;
(3) may impose a reasonable toll for the use of the structure;
and
(4) may not discriminate in the time for handling or in the
amount charged for a toll.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 341.004. STATEMENT OF LOCATION; PRIORITY. (a) Not later
than the 90th day after the date the building of a structure
begins, the individual, corporation, or association that owns the
structure shall file for record with the clerk of the county in
which the greater part of the structure is located:
(1) a sworn statement showing:
(A) the location of the structure;
(B) the name and size of the structure;
(C) the name of the body of water the structure will cross;
(D) the date the work began; and
(E) the name of the individual, corporation, or association; and
(2) a map designating the location of the structure.
(b) The right of the individual, corporation, or association to
build the structure relates back to the time of the filing of the
statement and the map, and the first individual, corporation, or
association to file has priority over a subsequent filing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 341.005. ACQUIRING NECESSARY PROPERTY. (a) An individual,
corporation, or association authorized to act by this chapter may
acquire by purchase or by the exercise of the right of eminent
domain any approach the individual, corporation, or association
considers necessary for a structure.
(b) Subject to Chapter 51, Natural Resources Code, the state
grants to an individual, corporation, or association acting as
authorized by this chapter 500 feet on each side of the structure
with the right only to dredge from that area or beyond for
material required to construct or maintain the causeway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 341.006. LEASING OF STRUCTURE. (a) The individual,
corporation, or association that owns a structure may lease the
right-of-way over the structure to:
(1) a municipality for public utilities owned and operated by
the municipality; or
(2) a corporation to construct railroad tracks to operate a
steam or electric train or car.
(b) An individual, corporation, or association by leasing the
right-of-way may not:
(1) obstruct or interfere with a pedestrian's or vehicle's use
of the structure; or
(2) permit a monopoly.
(c) The commission may prescribe the terms of a lease to a
railroad corporation.
(d) If approved by the commission, a corporation that leases the
right-of-way over the structure may:
(1) contract with the individual, corporation, or association
that owns the structure to pay all money due under the contract;
and
(2) issue and sell bonds up to the amount of its obligation to
the individual, corporation, or association.
(e) A railroad corporation that leases the right-of-way over the
structure may only charge for the use of the tracks as a part of
mileage according to statutory rates and the general laws of this
state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.