reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.151. General Powers of District; Governmental Functions

Sec. 174.151.  GENERAL POWERS OF DISTRICT; GOVERNMENTAL FUNCTIONS.  (a)  A district has all the powers necessary or convenient to carry out the purposes of this chapter.
(b)  A district may perform any act necessary for the full exercise of the district's powers.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.152. Rules

Sec. 174.152.  RULES.  To protect the health, safety, and general welfare of district residents and people who use district services, a district may adopt rules to govern the operation of the district, its employees, the system, service provided by the district, and any other necessary matter concerning its purposes, including rules regarding health, safety, alcohol or beverage service, food service, or telephone or utility service.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.153. Agreements Generally

Sec. 174.153.  AGREEMENTS GENERALLY.  A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, and other persons and entities.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.154. Agreements With Other Entities for Joint Use

Sec. 174.154.  AGREEMENTS WITH OTHER ENTITIES FOR JOINT USE.  A district may:
(1)  make agreements with a public utility, private utility, communication system, common carrier, state agency, or transportation system for the joint use of facilities, installations, or property inside or outside the district; and
(2)  establish:
(A)  through routes; and
(B)  joint fares.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.155. Joint Ownership Agreements

Sec. 174.155.  JOINT OWNERSHIP AGREEMENTS.  A district may enter into a joint ownership agreement with any person.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.156. Interlocal Agreements With Commission

Sec. 174.156.  INTERLOCAL AGREEMENTS WITH COMMISSION.  The commission may enter into an interlocal agreement with the district under which the district may exercise a power or duty of the commission for the development and efficient operation of an intermodal corridor in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.157. Awarding Construction or Purchase Contracts

Sec. 174.157.  AWARDING CONSTRUCTION OR PURCHASE CONTRACTS.  (a)   A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any other property except real property may be awarded only through competitive bidding after notice is published in a newspaper of general circulation in the district at least 15 days before the date set for receiving bids.
(b)  The board may adopt rules governing the taking of bids and the awarding of contracts.
(c)  This section does not apply to:
(1)  personal or professional services;
(2)  the acquisition of an existing rail transportation system; or
(3)  a contract with a common carrier to construct lines or to operate commuter rail service on lines wholly or partly owned by the carrier.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.158. Eminent Domain

Sec. 174.158.  EMINENT DOMAIN.  (a)  A district may exercise the power of eminent domain to acquire:
(1)  real property in fee simple; or
(2)  an interest in real property less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.
(b)  The power of eminent domain under this section does not apply to:
(1)  land under the jurisdiction of the department; or
(2)  a rail line owned by a common carrier or municipality.
(c)  To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.
(d)  An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:
(1)  is a public necessity; and
(2)  is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest.
(e)  The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 174.159. Suits

Sec. 174.159.  SUITS.  (a)  A district may:
(1)  sue and be sued;
(2)  institute and prosecute suits without giving security for costs; and
(3)  appeal from a judgment without giving a supersedeas or cost bond.
(b)  An action at law or in equity against the district must be brought in the county in which a principal office of the district is located, except that a suit in eminent domain involving an interest in land must be brought in the county in which the land is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.201. General Authority Over Commuter Rail Facilities

Sec. 174.201.  GENERAL AUTHORITY OVER COMMUTER RAIL FACILITIES.  A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities to connect political subdivisions in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.202. Powers Relating to District Property

Sec. 174.202.  POWERS RELATING TO DISTRICT PROPERTY.  A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license, a patent, a right, or an interest, necessary, convenient, or useful for the full exercise of its powers.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.203. Use and Alteration of Property of Another Political Subdivision

Sec. 174.203.  USE AND ALTERATION OF PROPERTY OF ANOTHER POLITICAL SUBDIVISION.  (a)  For a purpose described by Section 174.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with the consent of a municipality, county, or other political subdivision, a district may:
(1)  use streets, alleys, roads, highways, and other public ways of the political subdivision; and
(2)  relocate, raise, reroute, change the grade of, or alter, at the district's expense, the construction of a publicly owned or privately owned street, alley, highway, road, railroad, electric line or facility, telegraph or telephone property or facility, pipeline or facility, conduit or facility, and other property.
(b)  A district may not use or alter:
(1)  a road or highway in the state highway system without the permission of the commission; or
(2)  a railroad without permission of the railroad.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.204. Rules Governing System and Routings

Sec. 174.204.  RULES GOVERNING SYSTEM AND ROUTINGS.  A district by resolution may adopt rules governing the use, operation, and maintenance of the system and may determine or change a routing as the board considers advisable.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.205. Acquisition of Property

Sec. 174.205.  ACQUISITION OF PROPERTY.  (a)  A district may purchase any interest in real property to acquire, construct, or operate a commuter rail facility on terms and at a price to which the district and the owner agree.
(b)  The governing body of a municipality, a county, any other political subdivision, or a public agency may convey the title or the rights and easements to property needed by the district for its purposes in connection with the acquisition, construction, or operation of the system.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.206. Acquisition of Rolling Stock and Other Property

Sec. 174.206.  ACQUISITION OF ROLLING STOCK AND OTHER PROPERTY.  A district may acquire rolling stock or other property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.207. Compensation for Use of System Facilities

Sec. 174.207.  COMPENSATION FOR USE OF SYSTEM FACILITIES.  (a)  A district shall establish and maintain reasonable and nondiscriminatory rates or other compensation for the use of the facilities of the system acquired, constructed, operated, regulated, or maintained by the district.
(b)  Together with grants received by the district, the rates or other compensation must be sufficient to produce revenue adequate to:
(1)  pay all expenses necessary for the operation and maintenance of the district's property and facilities;
(2)  pay the principal of and interest on bonds issued by the district payable wholly or partly from the revenue, as they become due and payable; and
(3)  fulfill the terms of agreements made with the holders of bonds or with any person on their behalf.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.208. Operation or Use Contracts

Sec. 174.208.  OPERATION OR USE CONTRACTS.  (a)  A district may:
(1)  lease all or part of the commuter rail facilities to an operator; or
(2)  contract for the use or operation of all or part of the commuter rail facilities by an operator.
(b)  To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of commuter rail facilities.
(c)  The term of an operating contract under this section may not exceed 20 years.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 174.209. Rail Transportation Services Agreements With Other Political Subdivisions

Sec. 174.209.  RAIL TRANSPORTATION SERVICES AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS.  A district may contract with a county or other political subdivision of this state for the district to provide commuter rail transportation services to an area outside the district on terms to which the parties agree.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.251. Fiscal Year

Sec. 174.251.  FISCAL YEAR.  Unless the board changes the fiscal year, the district's fiscal year ends on September 30.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.252. Annual Budget

Sec. 174.252.  ANNUAL BUDGET.  (a)  Before beginning the operation of commuter rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for the remainder of the fiscal year.  The district shall adopt an operating budget for each succeeding fiscal year.
(b)  The board must hold a public hearing before adopting each budget except the initial budget.  Notice of the hearing must be published at least seven days before the date of the hearing in a newspaper of general circulation in the district.
(c)  A budget may be amended at any time if notice of the proposed amendment is given in the notice of the meeting at which the amendment will be considered.
(d)  An expenditure that is not budgeted may not be made.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.253. Grants and Loans

Sec. 174.253.  GRANTS AND LOANS.  A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, and other persons and entities.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.254. Depository

Sec. 174.254.  DEPOSITORY.  (a)  The board by resolution shall name one or more banks for the deposit of district funds.
(b)  District funds are public funds and may be invested in securities permitted by Chapter 2256, Government Code.
(c)  To the extent district funds are not insured by the Federal Deposit Insurance Corporation or its successor, the funds shall be collateralized in the manner provided for county funds.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.255. Purchase of Additional Insured Provisions

Sec. 174.255.  PURCHASE OF ADDITIONAL INSURED PROVISIONS.  A district may purchase an additional insured provision to any liability insurance contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter F. Financial Provisions › Section 174.256. Tax Exemption

Sec. 174.256.  TAX EXEMPTION.  District property, material purchases, revenue, and income and the interest on a bond or note issued by a district are exempt from any tax imposed by this state or a political subdivision of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter G. Bonds › Section 174.301. Revenue Bonds

Sec. 174.301.  REVENUE BONDS.  A district may issue revenue bonds and notes in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its commuter rail facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter G. Bonds › Section 174.302. Security for Payment of Bonds

Sec. 174.302.  SECURITY FOR PAYMENT OF BONDS.  (a)  To secure payment of district bonds or notes, the district may:
(1)  encumber and pledge all or part of the revenue of its commuter rail facilities; and
(2)  encumber all or part of the property of the commuter rail facilities and everything pertaining to them that is acquired or to be acquired.
(b)  Unless prohibited by the resolution or indenture relating to outstanding bonds or notes, a district may encumber separately any item of property.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter G. Bonds › Section 174.303. Bonds as Authorized Investments and Security for Deposits of Public Funds

Sec. 174.303.  BONDS AS AUTHORIZED INVESTMENTS AND SECURITY FOR DEPOSITS OF PUBLIC FUNDS.  (a)  District bonds and notes are legal and authorized investments for:
(1)  a bank;
(2)  a trust company;
(3)  a savings and loan association; and
(4)  an insurance company.
(b)  The bonds and notes are:
(1)  eligible to secure the deposit of public funds of this state or a municipality, a county, a school district, or any other political corporation or subdivision of this state; and
(2)  lawful and sufficient security for the deposit to the extent of the principal amount or market value of the bonds or notes, whichever is less.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter G. Bonds › Section 174.304. Limit on Power

Sec. 174.304.  LIMIT ON POWER.  (a)  A revenue bond indenture may limit the exercise of the power granted by Section 174.003, 174.109, 174.151, 174.152, 174.153, 174.154, 174.155, 174.156, 174.158, 174.159, 174.201, 174.202, 174.203, 174.204, 174.205, 174.206, 174.207, 174.208, 174.209, 174.251, 174.252, 174.253, 174.254, or 174.255.
(b)  A limit applies while any of the revenue bonds issued under the indenture are outstanding and unpaid.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter H. Taxes › Section 174.351. Tax Authorized

Sec. 174.351.  TAX AUTHORIZED.  A district may impose any kind of tax except an ad valorem property tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter H. Taxes › Section 174.352. Imposition of Tax

Sec. 174.352.  IMPOSITION OF TAX.  (a)  A district may not impose a tax or increase the rate of an existing tax unless a proposition proposing the imposition or rate increase is approved by a majority of the votes received at an election held for that purpose.
(b)  Each new tax or rate increase must be expressed in a separate proposition consisting of a brief statement of the nature of the proposed tax.
(c)  The notice of the election must contain a statement of the base or rate of the proposed tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter H. Taxes › Section 174.353. Tax Rate

Sec. 174.353.  TAX RATE.  (a)  The board, subject to Section 174.352(a), may impose for a district a sales and use tax at the rate of:
(1)  one-quarter of one percent;
(2)  one-half of one percent;
(3)  three-quarters of one percent; or
(4)  one percent.
(b)  A district may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by other political subdivisions of this state having territory in the district exceeds two percent in any location in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter H. Taxes › Section 174.354. Effective Date of Tax

Sec. 174.354.  EFFECTIVE DATE OF TAX.  A district's sales and use tax takes effect on the first day of the second calendar quarter beginning after the election approving the tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.001. Height of Structures Over Tracks

Sec. 191.001.  HEIGHT OF STRUCTURES OVER TRACKS.  (a)  In this section, "structure" includes a bridge, viaduct, overheadway, footbridge, or wire.
(b)  The bottom of the lowest sill, girder, or crossbeam or the lowest downward projection of a structure built by the state, a county or municipality, or a railroad company or other corporation, firm, partnership, or individual over the tracks of a railway or railroad shall be placed at least 22 feet above the top of the rails of the tracks.
(c)  A roof projection built from a loading platform along a railroad main track, siding track, spur, or switch shall be at least 22 feet above the rails of the track.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.002. Distance of Structures and Materials From Tracks

Sec. 191.002.  DISTANCE OF STRUCTURES AND MATERIALS FROM TRACKS.  (a)  A loading platform, house, fence, or other structure built, and lumber, wood, or other material placed, along a railroad in this state, either on or near the right-of-way of a main line or on or near a spur, switch, or siding of the railroad, shall be built or placed so that the nearest edge of the platform, the wall of the building, or the material is at least 8-1/2 feet from the center of the main line, spur, switch, or siding.
(b)  The edge of a roof projection from a loading platform along a railroad main track, siding track, spur, or switch shall be at least 8-1/2 feet horizontally from the center of the track.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.003. Exception

Sec. 191.003.  EXCEPTION.  Sections 191.001 and 191.002 do not apply to:
(1)  a structure that had been built or was in the course of construction on June 18, 1925, or for the building of which material had been purchased on that date as provided by a prior contract or plan; or
(2)  material that had been placed on June 18, 1925, or purchased for placing on that date as provided by a prior contract or plan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.004. Rules

Sec. 191.004.  RULES.  The department shall adopt rules in accordance with this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.005. Waiver of Provision

Sec. 191.005.  WAIVER OF PROVISION.  (a)  On filing of an application and after notice to the attorney general, the department, for good cause shown, may by order permit a railroad company or other corporation, firm, partnership, or individual or a county or municipality to deviate from a provision of this chapter in accordance with the order.
(b)  An action in accordance with an order issued under this section is not considered to violate this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 191 - Structures and Materials Near Railroad or Railway › Section 191.006. Civil Penalty

Sec. 191.006.  CIVIL PENALTY.  (a)  The attorney general shall immediately bring an action against a railroad company or other corporation, firm, partnership, or individual who violates this chapter to collect a civil penalty in an amount of not less than $100 or more than $1,000 for each violation.  Each day that a violation continues is a separate violation.
(b)  The attorney general may bring a single action for multiple violations by the same corporation, firm, partnership, or individual.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 192 - Engineer's Operator Permit and Train Operator Permit › Section 192.001. Issuance of Permit

Sec. 192.001.  ISSUANCE OF PERMIT.  (a)  A railroad company shall issue an engineer's operator permit to each person whom the company employs to operate or permits to operate a railroad locomotive in this state.
(b)  A railroad company shall issue a train operator permit to each person:
(1)  whom the company employs to operate or permits to operate a train in this state; and
(2)  who has not been issued an engineer's operator permit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 192 - Engineer's Operator Permit and Train Operator Permit › Section 192.002. Permit Required

Sec. 192.002.  PERMIT REQUIRED.  (a)  A person operating a railroad locomotive in this state shall have in the person's immediate possession an engineer's operator permit issued under this chapter.
(b)  A person operating a train in this state, other than a person issued a permit under Section 192.001(a), shall have in the person's immediate possession a train operator permit issued under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 192 - Engineer's Operator Permit and Train Operator Permit › Section 192.003. Form of Permit

Sec. 192.003.  FORM OF PERMIT.  A permit issued under this chapter must include the permit holder's name, address, physical description, photograph, and date of birth.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 192 - Engineer's Operator Permit and Train Operator Permit › Section 192.004. Proof of Identification

Sec. 192.004.  PROOF OF IDENTIFICATION.  If a peace officer requires a person to show proof of identification in connection with the person's operation of a railroad locomotive or train, the person:
(1)  shall display the person's permit issued under this chapter; and
(2)  may not be required to display a driver's license issued under Chapter 521 or commercial driver's license issued under Chapter 522.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 192 - Engineer's Operator Permit and Train Operator Permit › Section 192.005. Record of Collision or Violation

Sec. 192.005.  RECORD OF COLLISION OR VIOLATION.  If a person operating a railroad locomotive or train is involved in a collision with another train or a motor vehicle or is arrested for violation of a law relating to the person's operation of a railroad locomotive or train:
(1)  the number of or other identifying information on the person's driver's license or commercial driver's license may not be included in any report of the collision or violation; and
(2)  the person's involvement in the collision or violation may not be recorded in the person's individual driving record maintained by the Department of Public Safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 193 - Hazardous Materials › Section 193.001. Hazardous Materials; Packing and Transportation

Sec. 193.001.  HAZARDOUS MATERIALS; PACKING AND TRANSPORTATION.  (a)  Except as provided by Subsection (b), the department by rule may adopt any requirement that:
(1)  relates to the safe packing or transportation of hazardous materials; and
(2)  is consistent with Chapter 51, Title 49, United States Code, or regulations adopted under that law.
(b)  The department may not adopt a requirement for the transportation of hazardous materials by vessel or by aircraft.
(c)  The department may adopt any administrative rules necessary to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 194 - Provision of Utilities by Certain Railway Corporations › Section 194.001. Extension of Utility Lines

Sec. 194.001.  EXTENSION OF UTILITY LINES.  (a)  This section applies only to a corporation organized under the laws of this state that is authorized to:
(1)  construct, acquire, and operate electric or other lines of railway in and between municipalities in this state; and
(2)  acquire, hold, and operate other public utilities in and adjacent to the municipalities in or through which the corporation operates.
(b)  A corporation described by Subsection (a) may extend its electric light, power, or gas lines to supply light, power, or gas, as appropriate, to the public residing beyond the territory adjacent to the municipalities in or through which the corporation operates.
(c)  For the purpose of extending a line described by Subsection (b), the corporation has the same rights and powers of extension held by a public service corporation engaged in the supply and sale of electric light, power, or gas as provided by law.
(d)  The authority granted under this section does not expressly or impliedly repeal any antitrust law of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 194 - Provision of Utilities by Certain Railway Corporations › Section 194.002. Distribution of Gas or Electricity Following Abandonment of Street Railway

Sec. 194.002.  DISTRIBUTION OF GAS OR ELECTRICITY FOLLOWING ABANDONMENT OF STREET RAILWAY.  (a)  This section applies only to a private corporation that on April 26, 1937, was authorized by its charter and the statutes of this state to operate street and interurban railways and had the power to distribute and sell gas or electricity to the public.
(b)  During the unexpired period of its corporate charter, a corporation that abandons or discontinues or has abandoned or discontinued the operation of its railways or motor buses substituted for the railways may continue to distribute and sell electricity or gas as authorized by its corporate charter and statutes in the same manner as if the abandonment or discontinuation had not occurred.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 199 - Miscellaneous Provisions › Section 199.001. Aerial or Other Tramway to Mine

Sec. 199.001.  AERIAL OR OTHER TRAMWAY TO MINE.  (a)  This section applies only to a person, firm, corporation, limited partnership, joint stock association, or other association that owns, constructs, operates, or manages an aerial or other tramway in this state between a mine, smelter, or railway.
(b)  An entity described by Subsection (a) may hold and acquire by purchase or condemnation right-of-way.  In the exercise of this right, the entity:
(1)  is considered to be a common carrier;
(2)  is subject to the jurisdiction and control of the department; and
(3)  may exercise the power of eminent domain under which the entity may enter and condemn land, right-of-way, easements, or property of any person or corporation necessary for the construction, maintenance, or operation of the entity's aerial or other tramway.
(c)  The power of eminent domain under Subsection (b) is exercised in the manner provided by law for the condemnation of land and acquisition of right-of-way by a railroad company.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 199 - Miscellaneous Provisions › Section 199.002. Railroad Functions as Public and Governmental Functions

Sec. 199.002.  RAILROAD FUNCTIONS AS PUBLIC AND GOVERNMENTAL FUNCTIONS.  (a)  In this section:
(1)  "Railroad" means an enterprise created and operated to carry passengers, freight, or both on a fixed track.  The term includes all real estate and interests in real estate, equipment, machinery, materials, structures, buildings, stations, facilities, and other improvements that are necessary to, or for the benefit of, the enterprise.
(2)  "Municipality" means a home-rule municipality.
(b)  The planning, acquisition, establishment, development, construction, enlarging, improvement, maintenance, equipping, operation, regulation, protection, policing, leasing, and alienation of a railroad or railroad facility by a municipality or other public agency, separately or jointly exercised:
(1)  are declared to be public and governmental functions that are exercised for a public purpose and matters of public necessity; and
(2)  in the case of a municipality, are declared to be municipal functions and purposes as well as public and governmental.
(c)  All land and other property and privileges acquired and used by or on behalf of a municipality or other public agency for railroad purposes:
(1)  are declared to be acquired for public and governmental purposes and as a matter of public necessity; and
(2)  in the case of a municipality, are declared to be acquired for a municipal purpose.
(d)  This section does not confer or convey governmental immunity or any other limitation of liability to any entity that is not a governmental entity, governmental authority, or public agency, or a subdivision of a governmental entity, governmental authority, or public agency.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.007(a), eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle Z - Miscellaneous Provisions › Chapter 199 - Miscellaneous Provisions › Section 199.003. Use of State Money for High-Speed Rail

Sec. 199.003.  USE OF STATE MONEY FOR HIGH-SPEED RAIL.  (a)  For the purposes of this section, "high-speed rail" means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.
(b)  Except as required by federal law or other state law, including the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.):
(1)  the legislature may not appropriate money to pay for a cost of planning, facility construction or maintenance, or security for, promotion of, or operation of, high-speed rail operated by a private entity; and
(2)  a state agency may not accept or use state money to pay for a cost described by Subdivision (1).
(c)  A state agency shall prepare a semiannual report of each expense described by this section and submit a copy of each report to:
(1)  the commission;
(2)  the comptroller;
(3)  the committee in each house of the legislature with primary jurisdiction over transportation;
(4)  the speaker of the house of representatives;
(5)  the lieutenant governor; and
(6)  the governor.
(d)  This section is not intended to preclude or limit the execution of the department's responsibilities under federal law or other state law, including:
(1)  regulatory responsibilities;
(2)  oversight of transportation projects;
(3)  environmental review;
(4)  policy development;
(5)  communication with public officials; or
(6)  coordinating with a private entity that operates or proposes to operate high-speed rail in the same manner that the department coordinates with other entities that operate transportation projects.
Added by Acts 2017, 85th Leg., R.S., Ch. 311 (S.B. 977), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter A. General Provisions › Section 201.001. Definitions

Sec. 201.001.  DEFINITIONS.  (a)  In this title:
(1)  "Commission" means the Texas Transportation Commission.
(2)  "Department" means the Texas Department of Transportation.
(3)  "Director" means the executive director of the Texas Department of Transportation.
(b)  In this subtitle, "toll project" means one or more tolled lanes of a highway or an entire toll highway constructed, maintained, or operated as a part of the state highway system and any improvement, extension, or expansion to the highway, including:
(1)  a facility to relieve traffic congestion and promote safety;
(2)  a bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll booth, toll plaza, service road, ramp, or service center;
(3)  an administration, storage, or other building, operations center, maintenance or other facility, equipment, or system the department considers necessary to operate the project;
(4)  property rights, easements, and interests the department acquires to construct, maintain, or operate the project;
(5)  a parking area or structure, rest stop, park, and any other improvement or amenity the department considers necessary, useful, or beneficial for the operation and maintenance of the project; and
(6)  a nontolled facility that is appurtenant to and necessary for the efficient operation and maintenance of the project, including a connector, service road, access road, ramp, interchange, bridge, or tunnel.
(c)  In this chapter, "local transportation entity" means an entity that participates in the transportation planning process, including:
(1)  a regional tollway authority under Chapter 366;
(2)  a rapid transportation authority under Chapter 451;
(3)  a regional transportation authority under Chapter 452;
(4)  a rural transit district under Chapter 458;
(5)  a coordinated county transportation authority under Chapter 460; or
(6)  a metropolitan planning organization under Subchapter D, Chapter 472.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.01, eff. June 14, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter A. General Provisions › Section 201.002. Operating Expenses; Use of State Highway Fund

Sec. 201.002.  OPERATING EXPENSES;  USE OF STATE HIGHWAY FUND.  (a)  The legislature has the responsibility to:
(1)  appropriate money for the maintenance and operational expenses of the department;
(2)  determine the number of employees of the department;  and
(3)  set the amount of compensation of all employees of the department, including the director, and the members of the commission.
(b)  The comptroller shall contract for equipment and supplies, including seals and number plates, required by law in the administration of the registration of vehicles and in the operation of the department.
(c)  All money authorized to be appropriated in accordance with this section for the operation of the department and the purchase of equipment shall be appropriated from the state highway fund.  The commission shall use the amount remaining in the fund for the furtherance of public road construction and for establishing a system of state highways.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.01, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter A. General Provisions › Section 201.003. Title Changes

Sec. 201.003.  TITLE CHANGES.  (a)  A reference in law to the State Highway Department, Texas Highway Department, or State Department of Highways and Public Transportation means the Texas Department of Transportation.
(b)  A reference in law to the State Highway Commission or State Highway and Public Transportation Commission means the Texas Transportation Commission.
(c)  A reference in law to the State Highway Engineer or State Engineer-Director for Highways and Public Transportation means the director of the Texas Department of Transportation.
(d)  A reference in law to the commissioner of transportation means the chair of the commission.
(e)  A reference in law to a member of the commission means a commissioner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 140, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter B. Texas Transportation Commission › Section 201.052. Terms

Sec. 201.052.  TERMS.  Members of the commission serve staggered six-year terms, with the terms of either one or two members expiring February 1 of each odd-numbered year.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 140, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter B. Texas Transportation Commission › Section 201.053. Chair of the Commission

Sec. 201.053.  CHAIR OF THE COMMISSION.  (a)  The governor shall designate one commissioner as the chair of the commission, who shall serve as presiding officer of the commission.
(b)  The chair shall:
(1)  preside over commission meetings, make rulings on motions and points of order, and determine the order of business;
(2)  represent the department in dealing with the governor;
(3)   report to the commission the governor's suggestions for department operations;
(4)  designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;
(5)  create subcommittees, appoint commissioners to subcommittees, and receive the reports of subcommittees to the commission as a whole;
(6)  appoint a commissioner to act in the chair's absence; and
(7)  serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 140, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 24, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter B. Texas Transportation Commission › Section 201.054. Commission Meetings

Sec. 201.054.  COMMISSION MEETINGS.  The commission shall hold regular meetings at least once a month and special meetings at the call of the chair. Commissioners shall attend the meetings of the commission.  The chair shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each commissioner at least seven days before the meeting.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 140, Sec. 5, eff. Sept. 1, 2003.