Texas Transportation Code Title 5, Chapter 112 - Powers And Duties Of Railroads

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 112.001 - Definition Of Person
  In this chapter: (1) "person" includes a corporation, as provided by Section 312.011, Government Code; and (2) the definition of "person" assigned by Section 311.005,...
• Texas Section 112.002 - General Rights Of Railroads
  (a) A railroad company has the right to succession. (b) A railroad company may: (1) sue, be sued, plead, and be impleaded in its corporate...

SUBCHAPTER B ACQUISITION AND USE OF PROPERTY BY RAILROAD OR OF RAILROAD

• Texas Section 112.003 - Damages
  A railroad subject to this subtitle or Subtitle D is liable to a person, firm, or corporation injured for the damages resulting from: (1) a...
• Texas Section 112.051 - Entry Onto Private Property
  (a) A railroad company is entitled to make an examination and survey for the company's proposed railway, to be performed as necessary to select the...
• Texas Section 112.052 - Acquisition Of Property For Change, Relocation, Or Abandonment Of Railroad Line
  (a) Subject to Subsection (b), a railroad company or a receiver of a railroad that changes, relocates, or abandons a line of railroad in this...
• Texas Section 112.053 - Condemnation Of Property: When Railroad Company And Owner Disagree
  (a) A railroad company may acquire property by condemnation if the company cannot agree with the owner for the purchase of the property and the...
• Texas Section 112.054 - Condemnation Of Property: Certain Terminal Switching Railroads
  (a) This section applies only to the condemnation of property for a terminal switching railroad that: (1) handles fewer than 10,000 but more than 3,000...
• Texas Section 112.055 - Right-of-way Acquired By Condemnation
  (a) A right-of-way that a railway company in this state acquires by condemnation does not include a fee simple estate in public or private land....
• Texas Section 112.056 - Condemnation Of Property For Certain Roads
  (a) Subject to Subsection (b), a corporation created to build, maintain, and operate a line of railroads to a mine, gin, quarry, manufacturing plant, or...
• Texas Section 112.057 - Construction On Or Near Certain Waterways Or Roads
  (a) A railroad company may construct the company's road across, along, or on any stream of water, water course, street, highway, turnpike, or canal where...
• Texas Section 112.058 - Intersection Of Rail Line And Road Or Street
  Sections 112.051, 112.053, 112.054, 112.055, 112.057, 112.059, and 112.061 do not affect a law that requires a railroad company to provide a proper crossing at...
• Texas Section 112.059 - Crossings Of Public Roads
  (a) Each railroad company in this state shall place and keep the portion of the company's roadbed and right-of-way over or across which a public...
• Texas Section 112.060 - Conversion Of Property In Custody Of Railroad Company
  (a) A railroad company in this state or a receiver of a railroad company in this state may not confiscate or otherwise convert to the...
• Texas Section 112.061 - Suit Involving Railroad Company Property
  (a) If a railroad company is sued for property occupied by the company for railroad purposes or for damages to property occupied by the company...

SUBCHAPTER C SAFETY

• Texas Section 112.062 - Railroad Company Property Subject To Execution; Characterization Of Rolling Stock
  (a) All or any part of a railroad company's real and personal property is subject to execution and sale in the same manner as the...
• Texas Section 112.101 - Cattle Guards
  (a) A railroad company whose railroad passes through a field or enclosure shall construct and keep in good repair a good and sufficient cattle guard...
• Texas Section 112.102 - Liability For Death Or Injury To Stock
  (a) Subject to Subsection (b), a railroad company is liable to the owner for the value of all stock killed or injured by the company's...

SUBCHAPTER D LIABILITY FOR INJURIES TO EMPLOYEES

• Texas Section 112.103 - Duty To Stop And Render Aid; Offense
  (a) In this section, "operator" means the person assigned by a railroad company to be responsible for the operation of a train. (b) An operator...
• Texas Section 112.151 - Applicability Of Subchapter
  Notwithstanding any other law, this subchapter does not apply to the portion of a person's, receiver's, or corporation's operations that: (1) consists solely of the...
• Texas Section 112.152 - Liability Generally For Injury To Or Death Of Employee
  (a) A corporation, receiver, or other person operating a railroad in this state is liable for damages to a person who, while employed by the...
• Texas Section 112.153 - Contributory Negligence
  (a) In an action under Section 112.152, the employee's contributory negligence is not a bar to recovery but the fact finder shall reduce the employee's...
• Texas Section 112.154 - Assumed Risk
  (a) The plea of assumed risk is not available as a bar to recovery of damages in a suit brought in a court in this...
• Texas Section 112.155 - Certain Provisions Void
  A provision of a contract, rule, or device the purpose of which is to exempt a railroad operator from liability under Section 112.152 is void...
• Texas Section 112.156 - Liability Offset
  In an action against a railroad operator under Section 112.152, the railroad operator may offset the railroad operator's liability by the amount of the railroad...
• Texas Section 112.157 - Construction Of Certain Sections
  (a) Sections 112.152, 112.153, 112.154(d), 112.155, and 112.156 do not: (1) limit the duty or liability of a railroad operator or impair the rights of...
• Texas Section 112.158 - Injury To Fellow Servant
  (a) This section applies only to a corporation, receiver, or other person that controls or operates a railroad or street railway the line of which...

Last modified: September 28, 2016