reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle C - Railroads Generally › Chapter 112 - Powers and Duties of Railroads › Subchapter E. Security for High-Speed Rail Operated by Private Entity › Section 112.204. Security

Sec. 112.204.  SECURITY.  (a)  A high-speed rail operator shall:
(1)  in the manner required by law for intercity passenger railroads, implement all security requirements of the Transportation Security Administration or its successor agency;
(2)  conduct periodic risk-based threat and vulnerability assessments; and
(3)  in consultation with the Transportation Security Administration, implement appropriate security measures in response to results of the assessments, which may include:
(A)  establishing effective intrusion protection and access controls for railroad-owned facilities and the rail corridor;
(B)  instituting active or passive passenger screening protocols; and
(C)  providing appropriate levels of onboard security for all revenue service trains.
(b)  A high-speed rail operator shall collect and investigate security threat reports submitted by members of the public.
(c)  A high-speed rail operator shall:
(1)  designate employees who are managers or supervisors and whose position description, job duties, or assignment includes emergency management responsibilities; and
(2)  require those employees to complete the emergency management training described by Section 418.005, Government Code.
(d)  A high-speed rail operator may not use the services of a peace officer employed by this state or a political subdivision of this state unless the operator compensates the state or political subdivision, as applicable, for the officer's time.
Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle C - Railroads Generally › Chapter 112 - Powers and Duties of Railroads › Subchapter E. Security for High-Speed Rail Operated by Private Entity › Section 112.205. Coordination With Other Entities

Sec. 112.205.  COORDINATION WITH OTHER ENTITIES.  (a)  A high-speed rail operator shall coordinate security activities and investigations with federal, state, and local law enforcement agencies, including by communicating about credible threats, major events, and vulnerable places along the rail line or on a train.
(b)  A high-speed rail operator shall communicate as appropriate with the state Emergency Management Council and the Texas Division of Emergency Management about safety and security issues.
Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter A. General Provisions › Section 131.001. Definition of Person

Sec. 131.001.  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.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.011. Definition

Sec. 131.011.  DEFINITION.  In this subchapter, "interurban electric railway company" means a corporation chartered under the laws of this state to conduct and operate an electric railway between two municipalities in this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.012. Eminent Domain

Sec. 131.012.  EMINENT DOMAIN.  A corporation chartered for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between municipalities in this state for the transportation of freight, passengers, or both freight and passengers may:
(1)  exercise the power of eminent domain with all the rights and powers granted by law to a railroad company; and
(2)  enter, condemn, and appropriate land, right-of-way, easements, or other property of any person or corporation to acquire:
(A)  right-of-way on which to construct and operate lines of railway for the acquiring corporation; or
(B)  sites for depots or power plants.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.013. Right-of-Way

Sec. 131.013.  RIGHT-OF-WAY.  (a)  A corporation described by Section 131.012 may:
(1)  lay out right-of-way not to exceed 200 feet in width for its railways;
(2)  construct its railways and appurtenances on that right-of-way; and
(3)  with compensation being made in accordance with law:
(A)  take for the purpose of cuttings and embankments additional land necessary for the proper construction and security of its railways; and
(B)  cut down any tree or remove any structure that may be in danger of falling on or obstructing its railway.
(b)  The corporation may:
(1)  have an examination and survey of its proposed railway made as necessary to select the most advantageous route; and
(2)  for the purposes of Subdivision (1), enter on the land or water of any person or corporation, subject to responsibility for all damages that may be caused by the entrance, examination, or survey.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.014. Construction of Railway Along or Over Waterway or Infrastructure

Sec. 131.014.  CONSTRUCTION OF RAILWAY ALONG OR OVER WATERWAY OR INFRASTRUCTURE.  (a)  A corporation described by Section 131.012 may construct its railway along, across, or over any stream, water course, bay, navigable water, arm of the sea, street, highway, steam railway, turnpike, or canal located in the route of its electric railway.
(b)  The corporation may erect and operate a bridge, tram, trestle, or causeway, over, along, or across any stream, water course, bay, navigable water, arm of the sea, street, highway, turnpike, or canal described by Subsection (a).
(c)  A bridge or other structure described by Subsection (b) may not be erected so as to unnecessarily or unreasonably prevent the navigation of the stream, water course, bay, arm of the sea, or navigable water.
(d)  This section does not authorize the construction of an electric railway on or across a street, alley, square, or property of a municipality without the consent of the governing body of the municipality.
(e)  Before constructing an electric railway along or on a highway, turnpike, or canal, an interurban electric railway company must obtain the consent of the authority having jurisdiction over the highway, turnpike, or canal.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.015. Use of Electric Street Railway Tracks

Sec. 131.015.  USE OF ELECTRIC STREET RAILWAY TRACKS.  (a)  An interurban electric railway company's power of eminent domain under this subchapter includes the power to condemn for its use and benefit easements and right-of-way to operate interurban cars along and on the track of an electric street railway company owning, controlling, or operating track on any public street or alley in a municipality for a purpose described by Subsection (b), subject to the consent, authority, and control of the governing body of the municipality.
(b)  Condemnation under Subsection (a) may be used only to secure an entrance into and an outlet from a municipality on a route designated by the governing body of the municipality.
(c)  In a proceeding to condemn an easement or right-of-way under this section, the court or the jury trying the case shall define and establish the terms on which the easement or right-of-way may be used.
(d)  A court rendering a judgment in a proceeding under this section may review and reform the terms of a grant and the provisions of the judgment on a subsequent application by a party to the original proceeding or a person claiming through or under a party to the original proceeding.
(e)  The hearing on an application brought under Subsection (d) is in the nature of a retrial of the proceeding with respect to the terms on which the easement may be used except that the court may not declare the easement forfeited or impair the exercise of the easement.
(f)  An application under Subsection (d) may not be made before the second anniversary of the date of the final judgment on the most recent application.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.016. Time Required for Construction

Sec. 131.016.  TIME REQUIRED FOR CONSTRUCTION.  The rights secured under this chapter by an interurban electric railway company are void unless the road to be constructed under the charter of the company is fully constructed from one municipality to another within 12 months of the date of the final judgment awarding the company an easement or right-of-way under Section 131.015.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter B. Electric Railways › Section 131.017. Use of Condemned Track

Sec. 131.017.  USE OF CONDEMNED TRACK.  (a)  Unless the company whose track is condemned under this subchapter consents, an interurban electric railway company exercising the powers granted under this chapter may not receive for transportation freight or passengers at any location on the condemned track destined to another location on the condemned track.
(b)  A company that wilfully violates Subsection (a) forfeits the easement or right-of-way used to provide the transportation.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter C. Merger of Interurban Railway › Section 131.031. Definition

Sec. 131.031.  DEFINITION.  In this subchapter, "interurban railway" means an electric or other interurban line of railway in this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter C. Merger of Interurban Railway › Section 131.032. Acquisition of Railway Property Authorized

Sec. 131.032.  ACQUISITION OF RAILWAY PROPERTY AUTHORIZED.  (a)  A corporation organized under the laws of this state that is authorized to construct, acquire, and operate an interurban railway may:
(1)  acquire, lease, or purchase the physical property, rights, and franchise of any other railway corporation with similar powers; or
(2)  lease or purchase physical property, rights, and franchises of any suburban or street railway corporation the railway lines of which are to be operated in connection with the interurban railway.
(b)  The owner of physical property or a right or franchise described by Subsection (a)(1) or (2) may sell or dispose of the property, right, or franchise to the corporation making an acquisition, lease, or purchase under Subsection (a).
(c)  An acquisition or purchase under this section may be on the terms:
(1)  agreed to by the board of directors of each corporation; and
(2)  authorized or approved by a majority of the stockholders of each corporation.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter C. Merger of Interurban Railway › Section 131.033. Municipal Consent Required

Sec. 131.033.  MUNICIPAL CONSENT REQUIRED.  (a)  Before selling property under this subchapter, a corporation that owns or operates a street car railway must obtain the consent of the governing body of the municipality in which the street car line is located.
(b)  This subchapter does not affect a charter provision of a municipality that provides for the right of qualified voters of the municipality to vote on the granting or amending of franchise to a street or interurban railway.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter C. Merger of Interurban Railway › Section 131.034. Use of Street Railways

Sec. 131.034.  USE OF STREET RAILWAYS.  A corporation authorized to construct, acquire, and operate an interurban railway and a corporation owning and operating a street railway may enter into a trackage or lease contract to allow for continuous passage into or through a municipality, subject to the consent of the governing body of the municipality.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter C. Merger of Interurban Railway › Section 131.035. Limitation on Acquisition

Sec. 131.035.  LIMITATION ON ACQUISITION.  A corporation described by this subchapter may not:
(1)  acquire, own, control, or operate a parallel or competing interurban line; or
(2)  purchase, lease, acquire, own, or control, directly or indirectly, the shares or certificates of stock or bonds, a franchise or other right, or the physical property or any part of the property, of any corporation in violation of the law commonly known as the antitrust law.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter D. Provision of Utilities › Section 131.061. Interurban Electric Railways

Sec. 131.061.  INTERURBAN ELECTRIC RAILWAYS.  An interurban electric railway company, as defined by Section 131.011, is entitled to produce, supply, and sell electric light and power to the public and to municipalities.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter D. Provision of Utilities › Section 131.062. Supply and Sale of Electricity by Street, Suburban, or Belt Line Railway

Sec. 131.062.  SUPPLY AND SALE OF ELECTRICITY BY STREET, SUBURBAN, OR BELT LINE RAILWAY.  A corporation organized under the general laws of this state that owns or operates with electric power any street or suburban railway or belt line of railways in and near a municipality for the transportation of freight and passengers within this state may:
(1)  supply and sell electric light and power to the public or a municipality;
(2)  acquire or otherwise provide appliances necessary for an activity authorized by Subdivision (1); and
(3)  in the manner provided by law, amend its articles of incorporation to expressly include the authority under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter E. Reduced Street Railway Fares › Section 131.101. Applicability

Sec. 131.101.  APPLICABILITY.  This subchapter applies only to a person or corporation owning or operating a street railway in or on the public streets of a municipality with a population of 40,000 or more.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter E. Reduced Street Railway Fares › Section 131.102. Children Younger Than 13 Years of Age

Sec. 131.102.  CHILDREN YOUNGER THAN 13 YEARS OF AGE.  (a)  The owner or operator of a street railway shall transport a child younger than 13 years of age for half the fare regularly collected for the transportation of an adult.
(b)  This section does not apply to the transportation of a child to or from a school or other institution of learning located one mile or more outside the corporate limits of the municipality in which the street car operates.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter E. Reduced Street Railway Fares › Section 131.103. Students

Sec. 131.103.  STUDENTS.  (a)  The owner or operator of a street railway shall sell or provide for the sale of tickets for half of the regular fare collected for the transportation of adults to students younger than 18 years of age who attend academic, public, or private school in a grade not higher than the highest grade of the public high schools located in or adjacent to the municipality in which the railway is located.
(b)  Tickets under this section must be sold in lots of 20, with each ticket valid for one trip over the railway lines.
(c)  Tickets under this section are not required to be sold unless the student making the purchase presents the written certificate of the principal of the school the student attends stating that the student:
(1)  is younger than 18 years of age; and
(2)  is in regular attendance at a school in a grade that qualifies under Subsection (a).
(d)  Tickets under this section are not required to be sold and may not be used except during the months when a school qualifying under Subsection (a) is in session.
(e)  A student described by Subsection (a) shall be transported at half fare only when the student presents a ticket issued under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter E. Reduced Street Railway Fares › Section 131.104. Children Younger Than Six Years of Age

Sec. 131.104.  CHILDREN YOUNGER THAN SIX YEARS OF AGE.  The owner or operator of a street railway shall transport free of charge a child younger than six years of age when attended by a passenger who is at least six years of age.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter E. Reduced Street Railway Fares › Section 131.105. Transfer Rights

Sec. 131.105.  TRANSFER RIGHTS.  The owner or operator of a street railway shall offer a passenger paying a reduced fare or no fare under this subchapter the same rights as to the use of transfers issued by the owner or operator's line or other lines as offered to a passenger paying full fare.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter Z. Miscellaneous Provisions › Section 131.901. Street and Suburban Railways

Sec. 131.901.  STREET AND SUBURBAN RAILWAYS.  (a)  Street and suburban railways engaged in the transportation of freight in and near a municipality are subject to the control of the department.
(b)  A street railway company is not exempt from payment of assessments that may be imposed against it for street improvements.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter Z. Miscellaneous Provisions › Section 131.902. Freight Interurban Railways

Sec. 131.902.  FREIGHT INTERURBAN RAILWAYS.  (a)  An entity incorporated as an electric, gas or gasoline, denatured alcohol, or naphtha interurban or motor railway that engages in transporting freight is subject to the control of the department.
(b)  A corporation described by Subsection (a) is not exempt from payment of assessments that may be imposed against it for street improvements.
(c)  An interurban railway described by Subsection (a):
(1)  may exercise the same power of eminent domain as given by law to railroads;
(2)  may exercise the power of eminent domain to acquire right-of-way on which to construct its railway lines and sites for depots and power plants;
(3)  has the same rights, powers, and privileges as granted by law to an interurban electric railway company; and
(4)  may acquire, hold, and operate other public utilities in and adjacent to a municipality in or through which the company operates.
(d)  An interurban railway company described by Subsection (a) may not condemn property on which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:
(1)  it is necessary to take the property; and
(2)  no other route is possible or practicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter Z. Miscellaneous Provisions › Section 131.903. Buildings and Other Facilities: Certain Railways

Sec. 131.903.  BUILDINGS AND OTHER FACILITIES:  CERTAIN RAILWAYS.  A corporation organized before September 1, 1925, under any law of this state, that operates a line of electric, gas or gasoline, denatured alcohol, or naphtha motor railway in and between municipalities in this state, may:
(1)  own and operate union depots and office buildings; and
(2)  acquire, hold, and operate electric light and power plants in and adjacent to a municipality in or through which the railway operates.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle D - Miscellaneous Railroads › Chapter 131 - Miscellaneous Railways › Subchapter Z. Miscellaneous Provisions › Section 131.904. Motor Bus Lines

Sec. 131.904.  MOTOR BUS LINES.  (a)  This section applies only to a corporation authorized to operate a street or suburban railway or an interurban railway and to carry passengers for hire.
(b)  Subject to the approval of the governing body of the municipality in which the corporation operates its railway, the corporation may:
(1)  substitute, wholly or partly, motor bus lines for its railway; and
(2)  maintain and operate automobile motor buses to carry passengers for hire on:
(A)  public roads, streets, plazas, alleys, and highways within the corporate limits of a municipality under regulations prescribed by the municipality; and
(B)  public roads and highways that are located outside the corporate limits of that municipality but within five miles of the corporate limits, under regulations prescribed by the commissioners court of the county.
(c)  The substitution of motor buses or the discontinuance of a railway under this section does not impair any corporate power of a corporation incorporated before August 30, 1933, as a street or interurban railway with respect to the operation of other public utilities authorized by a corporate charter or statute in effect on August 30, 1933.
(d)  A corporation acting under this section must amend its charter and pay any fee provided by law for the filing of the amendment.
(e)  This section may not be construed to impair the rights of a municipality under a franchise granted to a corporation or its predecessor before August 30, 1933.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter A. General Provisions › Section 171.001. Definitions

Sec. 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 rail district created under this chapter.
(4)  "Rail facilities" has the meaning assigned by Section 172.001, except that the term includes property and interests necessary or convenient for the provision of a nonrural rail transportation system.
(5)  "Revenue" has the meaning assigned by Section 172.001.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.03, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter A. General Provisions › Section 171.002. Applicability of Rural Rail Transportation Districts Law

Sec. 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 created under that chapter.
(b)  For purposes of applying Chapter 172 to a district created under this chapter, a reference to "rail facilities" in Chapter 172 means "rail facilities" as defined by Section 171.001.
(c)  For purposes of applying Chapter 172 to a district created under this chapter, a reference in Chapter 172 to "eligible county" means a county that created the district.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter B. Creation; Addition of County to District › Section 171.051. Applicability to Certain Counties

Sec. 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 by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter B. Creation; Addition of County to District › Section 171.052. Creation by Counties and Municipalities

Sec. 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 create a district.  At the time of creation, a district must include:
(1)  a county with a population of 3.3 million or more; and
(2)  that municipality.
(b)  The order or ordinance creating the district:
(1)  must specify:
(A)  the number of district directors and who appoints the directors; and
(B)  the method of selecting the board's presiding officer; and
(2)  may specify terms and conditions that are not expressly inconsistent with this chapter.
(c)  If the most populous county in the district contains a countywide navigation district and the presiding officer of the navigation district is jointly appointed by that county and the most populous municipality in that county, the order or ordinance creating the district must specify that:
(1)  the presiding officer of the navigation district is a director of the freight rail district; and
(2)  at least one director must be jointly appointed by the mayors of the municipalities in the district, except for the mayor of the most populous municipality in the most populous county.
(d)  The common law doctrine of incompatibility does not apply to a director serving under Subsection (c)(1) with regard to the director's service for the freight rail district or for the navigation district.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter B. Creation; Addition of County to District › Section 171.053. Intermunicipal Commuter Rail District Powers and Advanced Transportation Services

Sec. 171.053.  INTERMUNICIPAL COMMUTER RAIL DISTRICT POWERS AND ADVANCED TRANSPORTATION SERVICES.  The governing bodies of the county or counties and of the most populous municipality in the most populous county may provide that the district:
(1)  may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, including the powers related to a commuter rail facility and other types of passenger rail services, including intercity rail services, by specifying in the concurrent order or ordinance creating the district that those powers may be exercised by the district; and
(2)  may provide advanced transportation, as defined by Section 451.701, by specifying in the concurrent order or ordinance creating the district that the district may provide those services.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 33 (H.B. 2433), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.05, eff. April 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 782 (S.B. 1990), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter B. Creation; Addition of County to District › Section 171.054. District Territory

Sec. 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
(3)  the territory of the most populous municipality in the most populous county if that municipality's territory is located in more than one county.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter B. Creation; Addition of County to District › Section 171.055. Addition of County to District

Sec. 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 more that created the district; or
(2)  the county:
(A)  is adjacent to a county that is added to the district under Subdivision (1); and
(B)  contains a navigation district.
(b)  The following governing bodies must by joint resolution approve the addition of the county to the district:
(1)  the commissioners court of the county to be added to the district;
(2)  the commissioners court of each county in the district; and
(3)  the governing body of the most populous municipality in the most populous county in the district.
(c)  The resolution must include the number of directors the new county will have on the board.
(d)  On adoption of the resolution by each commissioners court and the governing body of the municipality, the county is added to the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter C. Board of Directors › Section 171.101. Composition of Board; Presiding Officer

Sec. 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 board shall add directors for each county added to the district as provided in the joint resolution adding the county under Section 171.055.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter C. Board of Directors › Section 171.102. Ex Officio Nonvoting Director; Texas Transportation Commission

Sec. 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., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter C. Board of Directors › Section 171.103. Conflict of Interest

Sec. 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 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter D. Powers and Duties › Section 171.151. Regional Mobility Authority Powers

Sec. 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 facility.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter D. Powers and Duties › Section 171.152. General Contract Powers

Sec. 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;
(2)  this state or any political subdivision of this state;
(3)  the United States; or
(4)  a railroad.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter D. Powers and Duties › Section 171.153. Exercise of Powers in Other Counties

Sec. 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 county is adjacent to a county that is in the district.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter D. Powers and Duties › Section 171.154. Intermunicipal Commuter Rail Powers

Sec. 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 the concurrent order or ordinance creating the district specifies that the district may exercise those powers.  The order or ordinance may not grant the district the power to impose a tax.
(b)  In the event of a conflict between this chapter and a power granted by Chapter 173, this chapter controls.  In the event of a conflict between Chapter 173 and Chapter 172, Chapter 172 controls over Chapter 173.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.06, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter D. Powers and Duties › Section 171.155. Municipal Limit on District's Power of Eminent Domain

Sec. 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 domain to condemn the property only if each municipality in which the property is located consents to the exercise of that power.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.201. Agreement With Railroad

Sec. 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 owns track in the district, the district and railroad must enter into a written agreement regarding the scope, operational impact, financing, and other elements of the project.  The district may not undertake the project unless the district and the railroad agree on these terms.
(b)  The agreement may include provisions for the railroad's financial participation in the project according to the benefits the railroad derives from the project.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.202. Preservation of Regulatory Structure and Ownership Rights

Sec. 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 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.203. Competitive Relationships

Sec. 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 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.204. Service to Customers

Sec. 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 Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.205. Use of District Rail Facilities

Sec. 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. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.206. Limitation on Eminent Domain

Sec. 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 Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter E. Relationship Between District and Affected Railroads › Section 171.207. Exception; Grade Separation Projects

Sec. 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, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.251. Pledge of Revenue

Sec. 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. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.07, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.252. Purchase Contracts

Sec. 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 the district were a navigation district under that subchapter.  For the purposes of applying that subchapter to the district under this section, "commission" means the board.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.253. Ad Valorem and Sales and Use Taxes Prohibited

Sec. 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), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.254. Fees Charged to Railroads

Sec. 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)  This section does not prohibit a railroad from voluntarily contributing to the cost of rail facilities or prohibit the district from charging for the use of a rail facility by a railroad or other person.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.255. Port Terminal Railroad Association Rail Facilities

Sec. 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 by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter F. Financial Provisions › Section 171.256. Local Government Financing

Sec. 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.
(b)  A district to which Section 171.053 applies may use money paid to the district by a local government outside the territory of the local government if the money is used for a public purpose of the local government.
(c)  A district to which Section 171.053 applies may pledge money paid to the district by a local government to secure the payment of a district debt.
Added by Acts 2009, 81st Leg., R.S., Ch. 33 (H.B. 2433), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.002, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter G. Withdrawal; Dissolution › Section 171.301. Withdrawal

Sec. 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 may approve the petition only if:
(1)  the district has no outstanding bonds; or
(2)  the district has debt other than bonds and the board finds that the withdrawal of the county or municipality will not materially affect the ability of the district to repay the debt.
(b)  If the board approves the petition, the county or municipality that withdrew from the district is not entitled to appoint directors to the board.  The remaining counties or municipality by concurrent order or ordinance shall allocate among themselves the authority of the withdrawing county or municipality to appoint directors to the board.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 171 - Freight Rail Districts › Subchapter G. Withdrawal; Dissolution › Section 171.302. Dissolution

Sec. 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 adequate provision has been made for the payment of all liabilities;
(2)  the district is not a party to any lawsuits or adequate provision has been made for the satisfaction of any judgment or order that may be entered against the district in a lawsuit to which the district is a party; and
(3)  the district has commitments from other governmental entities to assume jurisdiction of all district rail facilities.
Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.08, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 172 - Rural Rail Transportation Districts › Subchapter A. General Provisions › Section 172.002. Nature of District

Sec. 172.002.  NATURE OF DISTRICT.  (a)  A district is a public body and a political subdivision of this state exercising public and essential governmental functions.
(b)  A district, in the exercise of powers under this chapter, is performing only governmental functions and is a governmental unit under Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.