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Texas Transportation Code - Section 91.004. General Powers

Legal Research Home > Texas Laws > Transportation Code > Texas Transportation Code - Section 91.004. General Powers

§ 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.
	(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 623, Acts of 
the 67th Legislature, Regular Session, 1981 (Article 6550c, 
Vernon's Texas Civil Statutes).

Added by Acts 2003, 78th Leg., ch. 1325, § 4.01, eff. June 21, 
2003.  Amended by Acts 2005, 79th Leg., ch. 281, § 1.02, eff. 
June 14, 2005.

Last modified: August 11, 2007