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Texas Transportation Code - Section 91.075. Pass-Through Fares

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§ 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, § 1.07, eff. June 14, 
2005.      

Last modified: August 10, 2007