reglab/housing_qa huggingface dataset:
TX Transp Code § 91.054 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter C. Contracts|Section 91.054. Comprehensive Development Agreements

Sec. 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 into a comprehensive development agreement under this chapter that provides for the financing, design, acquisition, construction, maintenance, or operation of a rail facility or system.  All provisions of Chapter 223 relating to comprehensive development agreements apply to comprehensive development agreements for facilities under this chapter, including provisions relating to the confidentiality of information.  Claims arising under a comprehensive development agreement are subject to Section 201.112.(b)  The department may combine in a comprehensive development agreement under this chapter a rail facility or system and a toll project as defined by Section 201.001.(c)  The department may not enter into a comprehensive development agreement with a private entity under this chapter that provides for the lease or use of rights-of-way or related property by the private entity to construct, operate, or maintain a facility that is unrelated to the operation of the rail facility or system.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.04, eff. June 14, 2005.|
TX Transp Code § 91.071 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter D. Financing of Rail Facilities|Section 91.071. Funding

Sec. 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.(b)  Except for money received from the Texas economic development bank fund under Section 489.102, Government Code, and except as provided by Section 91.106(j), the  department may not spend money from the general revenue fund to implement this chapter except pursuant to a line-item appropriation.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.01(a), eff. Jan. 11, 2004.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.05, eff. June 14, 2005.Acts 2007, 80th Leg., R.S., Ch. 1410 (H.B. 2660), Sec. 3, eff. June 15, 2007.Acts 2011, 82nd Leg., R.S., Ch. 766 (H.B. 1750), Sec. 1, eff. June 17, 2011.|
TX Transp Code § 91.072 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter D. Financing of Rail Facilities|Section 91.072. Financing of Rail Facilities and Systems

Sec. 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 Section 91.031 as the commission and the department have under Subchapter E, Chapter 361, relating to the financing of a turnpike project, including the ability to deposit the proceeds of bonds or other obligations and to pledge, encumber, and expend such proceeds and revenues as provided in Chapter 361.(b)  The powers held by the commission and the department include the power to:(1)  authorize the issuance of bonds to pay all or part of the cost of acquiring, constructing, maintaining, or operating a rail facility or system;(2)  maintain separate accounts for bond proceeds and the revenues of a rail facility or system, and pledge those revenues and proceeds to the payment of bonds or other obligations issued or entered into with respect to the facility or system;(3)  impose fees, rents, and other charges for the use of a rail facility or system;  and(4)  obtain from another source the fees and other revenue necessary to pay all or part of the principal and interest on bonds issued under this chapter.(c)  For purposes of this section, a reference in Subchapter E, Chapter 361 to:(1)  a turnpike project means a rail facility or system;  and(2)  revenue includes a fee, rent, or other usage charge established under this chapter or other money received under Sections 91.073 and 91.074.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.073 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter D. Financing of Rail Facilities|Section 91.073. Grants and Loans

Sec. 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 of the acquisition, construction, maintenance, and operation of a rail facility or system.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.074 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter D. Financing of Rail Facilities|Section 91.074. Revenue

Sec. 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 a rail facility or system.  The department may not require a person to pay a fee in connection with the placement, maintenance, or other use of a public utility facility.(b)  The department shall establish and maintain rents or other compensation for the use of rail facilities or systems in an amount that is, together with other revenue of the department received under this chapter, sufficient to enable the department to comply with the requirements of Section 91.072.(c)  The department may contract with a person for the use of all or part of a rail facility or system or may lease or sell all or part of a rail facility or system, including all or any part of the right-of-way adjoining trackwork, for any purpose, including placing on the adjoining right-of-way a storage or transfer facility, warehouse, garage, parking facility, telecommunication line or facility, restaurant, or gas station.  Any portion of a rail facility or system that is used or leased by a private person under this subsection for a commercial purpose is not exempt from ad valorem taxation and is subject to local zoning regulations and building standards.(d)  The department shall not unreasonably discriminate in deciding who may use any part of a rail facility or system.(e)  All revenue received by the department under this chapter:(1)  shall be deposited to the credit of the state highway fund and may be used for any purpose authorized by this chapter;  and(2)  is exempt from the application of Section 403.095, Government Code.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.06, eff. June 14, 2005.|
TX Transp Code § 91.075 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter D. Financing of Rail Facilities|Section 91.075. Pass-Through Fares

Sec. 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 passengers using a passenger rail facility; or(2)  a fee that is determined based on the number of carloads or commodity tonnages shipped using a freight rail facility.(b)  The department may enter into an agreement with a public or private entity that provides for the payment of pass-through fares to the public or private entity as reimbursement for the acquisition, design, development, financing, construction, relocation, maintenance, or operation of a passenger rail facility or a freight rail facility by the entity.(c)  The department may use any available funds for the purpose of making a pass-through fare payment under this section, including funds from the state infrastructure bank.(d)  The commission may adopt rules necessary to implement this section.  Rules adopted under this subsection may include criteria for:(1)  determining the amount of pass-through fares to be paid under this section; and(2)  allocating the risk that ridership on a passenger rail facility or carloads or commodity tonnages shipped on a freight rail facility will be higher or lower than the parties to an agreement under this section anticipated in entering into the agreement.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.07, eff. June 14, 2005.|
TX Transp Code § 91.091 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter E. Acquisition and Disposal of Property|Section 91.091. Acquisition of Real Property

Sec. 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 property determined to be necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities.(b)  The commission may authorize the department to acquire property by any method, including purchase and condemnation.  Property may be purchased under any terms determined by the department to be in the best interest of the state.(c)  Property may be purchased along alternative potential routes for a rail facility even if only one of those potential routes will ultimately be chosen as the final route.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.092 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter E. Acquisition and Disposal of Property|Section 91.092. Property Necessary or Convenient for Rail Facilities

Sec. 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 the commission determines is necessary or convenient to provide:(1)  right-of-way for a location for:(A)  a rail facility;  or(B)  the future expansion of a rail facility;(2)  land for mitigation of adverse environmental effects;(3)  buffer zones for scenic or safety purposes;  and(4)  revenue for use in acquiring, constructing, maintaining, or operating a rail facility or system, including revenue received under a contract described by Section 91.074(c).|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.093 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter E. Acquisition and Disposal of Property|Section 91.093. Right of Entry

Sec. 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, to make a survey, geotechnical evaluation, sounding, or examination.(b)  An entry under Subsection (a) or (d) is not:(1)  a trespass;  or(2)  an entry under a pending condemnation procedure.(c)  The department shall make reimbursements for actual damages that result from an entry under Subsection (a) or (d).(d)  To ensure the safety and convenience of the public, the department shall, when entering any real property, water, or premises on which is located a public utility facility:(1)  comply with applicable industry standard safety codes and practices;  and(2)  notwithstanding Subsection (a), give the owner or operator of the public utility facility not less than 10 days' notice before entering the real property, water, or premises.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.094 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter E. Acquisition and Disposal of Property|Section 91.094. Conveyance of Property Belonging to Political Subdivision or Public Agency

Sec. 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 to be necessary or convenient by the department under this subchapter.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.095 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter E. Acquisition and Disposal of Property|Section 91.095. Disposal of Property

Sec. 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 are no longer needed for department purposes.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.101 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter F. Operation and Use of Rail Facilities|Section 91.101. Contracts for Rail Transportation Services

Sec. 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 to by the parties.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.102 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter F. Operation and Use of Rail Facilities|Section 91.102. Contracts With Rail Operators

Sec. 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 operator for the use or operation of all or part of a rail facility or system.(b)  The department shall encourage to the maximum extent practical the participation of private enterprise in the operation of rail facilities and systems.(c)  A lease agreement shall provide for the department's monitoring of a rail operator's service and performance.(d)  The department may enter into an agreement with a rail operator to sell all or any part of state-owned rail facilities on terms the department considers to be in the best interest of the state.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.103 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter F. Operation and Use of Rail Facilities|Section 91.103. Joint Use of Rail Facilities

Sec. 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 common use of its facilities, installations, or properties;  and(2)  establish through routes, joint fares, and, subject to approval of a tariff-regulating body having jurisdiction, divisions of tariffs.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.104 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter F. Operation and Use of Rail Facilities|Section 91.104. Routings

Sec. 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. 1325, Sec. 4.01, eff. June 21, 2003.|
TX Transp Code § 91.106 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle B - State Rail Facilities|Chapter 91 - Rail Facilities|Subchapter F. Operation and Use of Rail Facilities|Section 91.106. Operations During Certain Emergencies

Sec. 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 stock and to contract with a qualified person or rail operator to operate rolling stock if:(1)  the director determines that a natural or man-made condition exists that threatens a department rail facility or the provision of safe and efficient rail services using a department rail facility; and(2)  the condition threatens health, life, or property in the affected area.(c)  An order issued under Subsection (b) takes effect according to the order's terms, but the order may not take effect until reasonable notice is given:(1)  in a newspaper of general circulation in the affected area;(2)  through television or radio serving the affected area; or(3)  by circulating notices or posting signs at conspicuous places in the affected area.(d)  An order issued under Subsection (b) must expire not later than the 30th day after the date the order is issued.(e)  The director may amend, modify, or rescind an order issued under Subsection (b) while the order is effective.(f)  The director may issue one or more successive orders as necessary to protect health, life, or property in the affected area.  Each successive order must expire not later than the 30th day after the date the successive order is issued.(g)  The department may not use department employees to operate rolling stock.(h)  The department may enter into a contract authorized by an order issued under Subsection (b) for a period not to exceed 90 days without using competitive bidding procedures otherwise required by law if the department attempts to negotiate with at least three qualified persons during the contracting process.(i)  Immediately after the department enters into a contract under this section, the department shall send a copy of the contract to the Legislative Budget Board.  On request of the Legislative Budget Board, the department may send the copy in an electronic format.(j)  The department may use any available funds to implement this section, including:(1)  the undedicated portion of the state highway fund; and(2)  any money appropriated to the department from the general revenue fund, regardless of whether there is a line-item appropriation for such a purpose.(k)  The department shall attempt to recover any state funds used by the department to implement this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 766 (H.B. 1750), Sec. 2, eff. June 17, 2011.|
TX Transp Code § 111.001 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle C - Railroads Generally|Chapter 111 - Regulation by Texas Department of Transportation|Subchapter A. General Provisions|Section 111.001. Definition of Person

Sec. 111.001.  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, Government Code, does not apply.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.|
TX Transp Code § 111.002 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle C - Railroads Generally|Chapter 111 - Regulation by Texas Department of Transportation|Subchapter A. General Provisions|Section 111.002. Power and Authority

Sec. 111.002.  POWER AND AUTHORITY.  To the extent not preempted by federal law, the department:(1)  has power and authority over:(A)  railroads, including suburban, belt, and terminal railroads;(B)  public wharves, docks, piers, elevators, warehouses, sheds, tracks, and other property used in connection with railroads; and(C)  persons, associations, and private or municipal corporations that own or operate a railroad, or a wharf, dock, pier, elevator, warehouse, shed, track, or other property used in connection with a railroad; and(2)  shall govern and regulate those railroads, persons, associations, and corporations and prevent abuses in the conduct of their business.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.|
TX Transp Code § 111.003 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle C - Railroads Generally|Chapter 111 - Regulation by Texas Department of Transportation|Subchapter A. General Provisions|Section 111.003. Transfer of Railroad Authority

Sec. 111.003.  TRANSFER OF RAILROAD AUTHORITY.  On October 1, 2005, all powers and duties of the Railroad Commission of Texas that related primarily to railroads and the regulation of railroads and that existed on that date were transferred to the department, as provided by Chapter 281, Acts of the 79th Legislature, Regular Session, 2005.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.|
TX Transp Code § 111.004 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle C - Railroads Generally|Chapter 111 - Regulation by Texas Department of Transportation|Subchapter A. General Provisions|Section 111.004. Reference to Railroad Commission

Sec. 111.004.  REFERENCE TO RAILROAD COMMISSION.  Any reference in law to the Railroad Commission of Texas that relates primarily to railroads and the regulation of railroads means the department.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.|
TX Transp Code § 111.051 (2021)
2021 Texas Statutes|Transportation Code|Title 5 - Railroads|Subtitle C - Railroads Generally|Chapter 111 - Regulation by Texas Department of Transportation|Subchapter B. Regulation of Railroads by Department|Section 111.051. Inspection of Books and Papers; Penalty

Sec. 111.051.  INSPECTION OF BOOKS AND PAPERS; PENALTY.  (a)  A member of the commission or a person authorized in writing by a member of the commission under the hand and seal of the department may at any time:(1)  inspect the books and papers of a railroad company; and(2)  examine under oath a railroad company officer, agent, or employee in relation to the business and affairs of the company.(b)  A railroad company that refuses to permit an examination of the company's books and papers under Subsection (a) is liable to the state, for each violation, for a penalty of not less than $125 or more than $500 for each day the company fails or refuses to permit the examination.(c)  An officer, agent, or employee of a railroad company who possesses or controls any book or paper of the company commits an offense if, after proper demand, the officer, agent, or employee fails or refuses to exhibit, to any member of the commission or any person authorized to investigate, the book or paper.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $125 or more than $500.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.|