Texas Transportation Code - Section 91.004. General Powers
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Texas Laws > Transportation Code > Texas Transportation Code - Section 91.004. General Powers
Section: 70.072 70.081 70.082 70.083 91.001 91.002 91.003 91.004 91.005 91.006 91.007 91.031 91.032 91.033 91.034
§ 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
(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
(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