|
|
Court OpinionsState LawsUS CodeUS Constitution |
Texas Transportation Code - Chapter 91 Rail FacilitiesLegal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Chapter 91 Rail Facilities Sponsored LinksIn this chapter: (1) "Commission" means the Texas Transportation Commission. (2) "Construction" includes design, planning, and preliminary studies. (3) "Department" means the Texas Department of ... The following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity: (1) the acquisition, financing, construction, operation, and ... The commission may adopt rules and the department may adopt procedures and prescribe forms necessary to implement this chapter. Added by Acts 2003, 78th Leg., ... (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; ... The department shall contract with a private entity to operate a railroad using facilities owned by the department and may not use department employees to ... Within available resources, an agency or political subdivision of this state shall cooperate with and assist the department in exercising its powers and duties under ... On receipt of notice of intent to abandon or discontinue rail service served under 49 C.F.R. Section 1152.20, as amended, the department shall coordinate with ... (a) If the commission determines that the provision of rail transportation services would be most efficiently and economically met by jointly operating two or more ... (a) The commission may authorize the department to acquire an existing rail facility at a location and on a route the commission determines to be ... (a) The department shall conduct or approve all environmental evaluations or studies required for the construction, maintenance, or operation of a rail facility. (b) The ... (a) The department may acquire, maintain, hold, restore, enhance, develop, or redevelop property for the purpose of mitigating a past, present, or future adverse environmental ... (a) The department, for the purpose of acquiring, constructing, maintaining, and operating freight or passenger rail facilities and systems in this state, may: (1) use ... Subject to Section 91.071(b), the department may receive, accept, and expend funds from this state, a federal agency, or other public or private source for: ... (a) If sufficient funds from bonds sold to construct the Central Texas turnpike project or from the Texas mobility fund are available, the department may, ... This chapter does not apply to real or personal property, facilities, funding, projects, operations, construction, or a project plan of a transportation authority created under ... Except for a contract entered into under Section 91.052, 91.054, or 91.102, a contract made by the department for the construction, maintenance, or operation of ... The department may enter into an agreement with a public entity, including a political subdivision of this state, to permit the entity, independently or jointly ... (a) The department shall: (1) set goals for the award of contracts to small and disadvantaged businesses and attempt to meet the goals; (2) attempt ... (a) To the extent and in the manner that the department may enter into a comprehensive development agreement under Chapter 223, the department may enter ... (a) Except as provided in Subsection (b), the department may use any available funds to implement this chapter, including funds from the state infrastructure bank. ... (a) The commission and the department have the same powers and duties relating to the financing of a rail facility or a system established under ... The department may apply for, accept, and expend money from grants, loans, or reimbursements for any purpose of this chapter, including paying for the cost ... (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) 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 ... (a) The commission may authorize the department to acquire in the name of the state a right-of-way, a property right, or other interest in real ... Property necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities includes an interest in real property or a property right ... (a) To acquire property necessary or convenient for a rail facility, the department may enter any premises or real property, including a body of water, ... The governing body of a municipality, county, political subdivision, or public agency may, without advertisement, convey the title to or a right in property determined ... The department may sell, convey, or otherwise dispose of any rights or other interests in real property acquired under this subchapter that the commission determines ... The department may contract with a county or other political subdivision of the state for the department to provide rail transportation services on terms agreed ... (a) The department may lease all or part of a rail facility or system to a rail operator. The department may contract with a rail ... The department may: (1) enter into an agreement with a rail operator, public utility, private utility, communication system, common carrier, or transportation system for the ... The department may determine routings for rail facilities acquired, constructed, or operated by the department under this chapter. Added by Acts 2003, 78th Leg., ch. ... (a) A utility has the same right to place its facilities, lines, or equipment in, over, or across right-of-way that is part of a state-owned ... Last modified: August 11, 2007 |