EMPLOYER STATUS DETERMINATION

B.C.D. No. 2024-10

Central Texas & Colorado River Railway, Inc.

BA No. 5826

January 17, 2024 

This is a determination of the Railroad Retirement Board (RRB) concerning the status of Central Texas 

& Colorado River Railway, Inc. (CTXR) (BA No. 5826) as an employer under the Railroad Retirement 

Act (RRA) (45 U.S.C. §231 et seq.) and the Railroad Unemployment Insurance Act (RUIA) (45 U.S.C. 

§351 et seq.).

In Board Coverage Decision No. 17-18 dated March 29, 2017, the Board determined that CTXR was a 

rail carrier operating in interstate commerce under the RRA and RUIA, with an effective coverage date 

of July 29, 2016, the date it began railroad operations. CTXR is owned by OmniTRAX Holdings 

Combined, Inc., a non-covered employer. CTXR was granted operating rights over 67.5 miles of rail 

owned by Heart of Texas Railroad, L.P. in McCulloch, San Saba, Mills, and Lampasas counties, Texas.

Information regarding CTXR was provided by Robert Wimbish, attorney for CTXR. In a letter dated 

February 27, 2020, Mr. Wimbish explained that CTXR was previously operating the rail line but 

ceased rail operations of any kind on July 25, 2019. Mr. Wimbish reported that CTXR currently does 

not have any employees or interchange with any common carriers. Mr. Wimbish stated that CTXR had 

filed with the Surface Transportation Board (STB) for an exemption to abandon its entire rail system; 

however, the proceeding before the STB was held in abeyance while CTXR attempted to potentially 

sell some or all of its rail line, and the proceeding ultimately converted from an abandonment to a 

discontinuance. 

On August 29, 2019, CTXR filed a petition with the STB to permit it to abandon its entire 67.5-mile

rail system. Central Texas & Colorado River Railway, LLC—Discontinuance Exemption—In 

McCulloch, San Saba, Mills, and Lampasas Counties, Tex., 2021 STB Dkt. AB 1272X. The STB held 

this proceeding in abeyance through July 20, 2020. CTXR subsequently requested, and the STB 

granted, that the company be permitted to modify its petition to abandon the rail system to instead 

become a petition to discontinue the system. On April 26, 2022, the STB granted CTXR a 

discontinuance exemption, effective May 27, 2022. Central Texas & Colorado River Railway, LLC—

Discontinuance Exemption—In McCulloch, San Saba, Mills, and Lampasas Counties, Tex., 2022, STB 

Dkt. AB 1272X. 

Section 202.11 of the Board’s regulations states that “the employer status of any company or person 

shall terminate whenever such company or person loses any of the characteristics essential to the 

existence of an employer status.” 20 C.F.R. § 202.11. The evidence of record, including the 

information provided by Mr. Wimbish as well as the STB filings, establishes that CTXR no longer 
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possesses the characteristics of an operating railroad company covered employer and retains no 

employees. Therefore, the Board finds that, effective May 27, 2022, the date of the discontinuance of 

the line, Central Texas & Colorado River Railway, Inc. ceased being a covered employer under the 

RRA and the RUIA.

 

FOR THE BOARD

Stephanie Hillyard

Secretary to the Board