Texas Transportation Code - Section 91.074. Revenue
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§ 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, § 4.01, eff. June 21,
2003. Amended by Acts 2005, 79th Leg., ch. 281, § 1.06, eff.
June 14, 2005.
Section: 91.051 91.052 91.053 91.054 91.071 91.072 91.073 91.074 91.075 91.091 91.092 91.093 91.094 91.095 91.101
Last modified: August 10, 2007
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