Texas Transportation Code Title 5, Chapter 171 - Freight Rail Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 171.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "Bonds" has the meaning assigned by Section 172.001. (3) "District" means a freight...

SUBCHAPTER B CREATION; ADDITION OF COUNTY TO DISTRICT

• Texas Section 171.002 - Applicability Of Rural Rail Transportation Districts Law
  (a) Except as provided by this chapter, the provisions of Chapter 172 other than Section 172.003 apply to a district as if the district were...
• Texas Section 171.051 - Applicability To Certain Counties
  A district may be created only in a county with a population of 3.3 million or more and counties adjacent to such a county. Added...
• Texas Section 171.052 - Creation By Counties And Municipalities
  (a) The governing body of one or more counties and the most populous municipality in the most populous county may by concurrent order or ordinance...
• Texas Section 171.053 - Intermunicipal Commuter Rail District Powers
  The governing bodies of the county or counties and of the most populous municipality in the most populous county may provide that the district may...
• Texas Section 171.054 - District Territory
  The district consists of the territory of: (1) each county that created the district; (2) each county added to the district under Section 171.055; and...

SUBCHAPTER C BOARD OF DIRECTORS

• Texas Section 171.055 - Addition Of County To District
  (a) A county may be added to a district if: (1) the county is adjacent to a county with a population of 3.3 million or...
• Texas Section 171.101 - Composition Of Board; Presiding Officer
  (a) The board consists of directors, including a presiding officer, as provided in the order or ordinance creating the district under Section 171.052(b). (b) The...
• Texas Section 171.102 - Ex Officio Nonvoting Director; Texas Transportation Commission
  The Texas Transportation Commission may appoint to the board a representative to serve as a nonvoting ex officio director. Added by Acts 2005, 79th Leg.,...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 171.103 - Conflict Of Interest
  Chapter 171, Local Government Code, governs conflicts of interest for directors. Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June...
• Texas Section 171.151 - Regional Mobility Authority Powers
  A district may exercise the transportation project powers of a regional mobility authority under Chapter 370 for a transportation project that is a freight rail...
• Texas Section 171.152 - General Contract Powers
  A district may contract with any person, including: (1) a county or municipality, including a county or municipality that is a member of the district;...
• Texas Section 171.153 - Exercise Of Powers In Other Counties
  The commissioners court of a county that is not in the district may authorize the district to exercise its powers in that county if that...
• Texas Section 171.154 - Intermunicipal Commuter Rail Powers
  (a) The district may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, only if...

SUBCHAPTER E RELATIONSHIP BETWEEN DISTRICT AND AFFECTED RAILROADS

• Texas Section 171.155 - Municipal Limit On District's Power Of Eminent Domain
  If the property to be condemned is located in the corporate limits of one or more municipalities, the district may exercise the power of eminent...
• Texas Section 171.201 - Agreement With Railroad
  (a) Before a district may undertake a freight or commuter rail project that materially affects the tracks, facilities, or other property of a railroad that...
• Texas Section 171.202 - Preservation Of Regulatory Structure And Ownership Rights
  A district project may be conducted only in a manner that preserves the existing rail industry regulatory structure and railroad ownership rights. Added by Acts...
• Texas Section 171.203 - Competitive Relationships
  The district may not undertake a project that changes the existing competitive relationships between and among railroads. Added by Acts 2005, 79th Leg., Ch. 756...
• Texas Section 171.204 - Service To Customers
  The district may not undertake a project that negatively affects a railroad's present or future ability to provide consistent service to its customers. Added by...
• Texas Section 171.205 - Use Of District Rail Facilities
  This chapter does not prohibit the district from authorizing multiple freight railroads to operate on district rail facilities. Added by Acts 2005, 79th Leg., Ch....
• Texas Section 171.206 - Limitation On Eminent Domain
  The power of eminent domain may not be exercised under this chapter to condemn a right-of-way owned by a railroad. Added by Acts 2005, 79th...

SUBCHAPTER F FINANCIAL PROVISIONS

• Texas Section 171.207 - Exception; Grade Separation Projects
  This subchapter does not apply to a rail-roadway or rail-rail grade separation project. Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1,...
• Texas Section 171.251 - Pledge Of Revenue
  A district may secure and pledge revenue derived from any source to secure the payment of district bonds. Added by Acts 2005, 79th Leg., Ch....
• Texas Section 171.252 - Purchase Contracts
  Subchapter O, Chapter 60, Water Code, as added by Chapter 307, Acts of the 78th Legislature, Regular Session, 2003, applies to the district as if...
• Texas Section 171.253 - Ad Valorem And Sales And Use Taxes Prohibited
  A district may not impose an ad valorem tax or a sales and use tax. Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958),...
• Texas Section 171.254 - Fees Charged To Railroads
  (a) A district may not impose a fee or other charge on a railroad unless the railroad agrees to the fee or other charge. (b)...
• Texas Section 171.255 - Port Terminal Railroad Association Rail Facilities
  The district may not spend money, including money from state or federal grants, to purchase a rail facility operated by a port terminal railroad. Added...

SUBCHAPTER G WITHDRAWAL; DISSOLUTION

• Texas Section 171.256 - Local Government Financing
  (a) Section 173.256(d), relating to the limit on payments made by a local government, does not apply to a district to which Section 171.053 applies....
• Texas Section 171.301 - Withdrawal
  (a) A county or municipality that is a member of the district may petition the board for approval to withdraw from the district. The board...
• Texas Section 171.302 - Dissolution
  In addition to the dissolution procedures provided by Chapter 172, the board may dissolve a district if: (1) all district liabilities have been paid or...

Last modified: September 28, 2016