Texas Transportation Code Title 5, Chapter 91 - Rail Facilities

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 91.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Transportation Commission. (2) "Construction" includes design, planning, and preliminary studies. (3) "Department" means the Texas Department of...
• Texas Section 91.002 - Public Purpose
  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...
• Texas Section 91.003 - Rules
  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.,...
• Texas Section 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;...
• Texas Section 91.005 - Reliance On Private Entities
  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...
• Texas Section 91.006 - Cooperation Of State Agencies And Political Subdivisions
  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...

SUBCHAPTER B ACQUISITION AND DEVELOPMENT OF RAIL FACILITIES

• Texas Section 91.007 - Notification Of Intent To Abandon Or Discontinue Service
  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...
• Texas Section 91.031 - Establishment Of Rail Systems
  (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...
• Texas Section 91.032 - Acquisition Of Rail Facilities
  (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...
• Texas Section 91.033 - Environmental Review
  (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...
• Texas Section 91.034 - Environmental Mitigation
  (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...
• Texas Section 91.035 - Use Of Facilities Belonging To Public Or Private Entity
  (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...
• Texas Section 91.036 - Expenditure Of Funds
  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:...
• Texas Section 91.0361 - Certain Freight Railroad Projects
  (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,...

SUBCHAPTER C CONTRACTS

• Texas Section 91.037 - Contracts With Governmental Entities
  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...
• Texas Section 91.051 - Awarding Of Contracts
  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...
• Texas Section 91.052 - Agreements To Construct, Maintain, And Operate Rail Facilities
  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...
• Texas Section 91.053 - Small And Disadvantaged Businesses
  (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...

SUBCHAPTER D FINANCING OF RAIL FACILITIES

• Texas Section 91.054 - Comprehensive Development Agreements
  (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...
• Texas Section 91.071 - Funding
  (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....
• Texas Section 91.072 - Financing Of Rail Facilities And Systems
  (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...
• Texas Section 91.073 - Grants And Loans
  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...
• Texas Section 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...

SUBCHAPTER E ACQUISITION AND DISPOSAL OF PROPERTY

• Texas Section 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...
• Texas Section 91.091 - Acquisition Of Real Property
  (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...
• Texas Section 91.092 - Property Necessary Or Convenient For Rail Facilities
  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...
• Texas Section 91.093 - Right Of Entry
  (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,...
• Texas Section 91.094 - Conveyance Of Property Belonging To Political Subdivision Or Public Agency
  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...

SUBCHAPTER F OPERATION AND USE OF RAIL FACILITIES

• Texas Section 91.095 - Disposal Of Property
  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...
• Texas Section 91.101 - Contracts For Rail Transportation Services
  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...
• Texas Section 91.102 - Contracts With Rail Operators
  (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...
• Texas Section 91.103 - Joint Use Of Rail Facilities
  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...
• Texas Section 91.104 - Routings
  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....
• Texas Section 91.105 - Placement Of Utility Facilities, Lines, And Equipment
  (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...
• Texas Section 91.106 - Operations During Certain Emergencies
  (a) In this section, "director" means the executive director of the department. (b) The director may issue an order authorizing the department to lease rolling...

Last modified: September 28, 2016