reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 172 - Rural Rail Transportation Districts › Subchapter A. General Provisions › Section 172.003. Findings

Sec. 172.003.  FINDINGS.  The legislature finds that:
(1)  the state contains many rural areas that are heavily dependent on agriculture for economic survival;
(2)  transportation of agricultural and industrial products is essential to the continued economic vitality of rural areas;
(3)  the rail transportation systems in some rural areas are threatened by railroad bankruptcies and abandonment proceedings that would cause the cessation of rail services to the areas;
(4)  it is in the interest of all citizens of the state that existing rail systems be maintained for the most efficient and economical movement of essential agricultural products from the areas of production to the local, national, and export markets;
(5)  rural rail transportation districts are appropriate political subdivisions to provide for the continued operation of railroads, which are declared by Section 2, Article X, Texas Constitution, to be public highways;
(6)  the creation, re-creation, financing, maintenance, and operation of rural rail transportation districts and facilities acquired by the districts under this chapter will help develop, maintain, and diversify the economy of the state, eliminate unemployment or underemployment, foster the growth of enterprises based on agriculture, and serve to develop and expand transportation and commerce within the state under the authority granted by Section 52-a, Article III, Texas Constitution; and
(7)  financing by rural rail transportation districts for the purposes provided by this chapter is a lawful and valid public purpose.
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 172 - Rural Rail Transportation Districts › Subchapter B. Creation › Section 172.051. Applicability

Sec. 172.051.  APPLICABILITY.  A county is eligible to create a district as provided by this chapter only if a rail line is located in the county that:
(1)  is being or has been abandoned through a bankruptcy court or Surface Transportation Board proceeding; or
(2)  carries three million gross tons per mile per year or 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 172 - Rural Rail Transportation Districts › Subchapter B. Creation › Section 172.052. Creation of District by More Than One County

Sec. 172.052.  CREATION OF DISTRICT BY MORE THAN ONE COUNTY.  (a)  The commissioners courts of two or more counties that are a contiguous area may by concurrent order:
(1)  create a district; or
(2)  provide for the re-creation of a district by the addition of one or more counties.
(b)  The district consists of the territory of each county whose commissioners court adopts the concurrent order.
(c)  Each concurrent order must:
(1)  contain identical provisions for creation or re-creation;
(2)  be adopted at the time of the creation or re-creation;
(3)  declare the boundaries of the district as the boundaries of the counties included;
(4)  designate the district's name; and
(5)  designate the number of directors, which may not be less than four, and the manner of the directors' appointment by a commissioners court.
(d)  The commissioners court of each county included in a district by order may provide for the district's dissolution if each commissioners court determines that the dissolution will not impair an obligation of any contract of the district.  The dissolution order is effective only on the creation or re-creation of another district in which each county included in the dissolving district is included.
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 172 - Rural Rail Transportation Districts › Subchapter B. Creation › Section 172.053. Creation of District by One County

Sec. 172.053.  CREATION OF DISTRICT BY ONE COUNTY.  (a)  The commissioners court of a county may by order create a district in that county to develop, finance, maintain, and operate a new rail system under this chapter and for other purposes of this chapter.
(b)  The boundaries of a district created under this section are the boundaries of the county in which the district is created.
(c)  At the time the district is created, the commissioners court shall:
(1)  designate the district's name; and
(2)  appoint at least four residents of the county to serve as directors.
(d)  The commissioners court of the county by order may provide for the district's dissolution if the commissioners court determines that the dissolution will not impair an obligation of any contract of the district.  The dissolution order is effective only on the creation of another district in which the county is included.
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 172 - Rural Rail Transportation Districts › Subchapter B. Creation › Section 172.054. Notice of Creation

Sec. 172.054.  NOTICE OF CREATION.  (a)  The board of each newly created district shall provide notice to the Texas Transportation Institute of the district's creation.
(b)  On being notified by the board, the Texas Transportation Institute shall make available to the board a guide to the services and information that the institute provides.
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 172 - Rural Rail Transportation Districts › Subchapter B. Creation › Section 172.055. Automatic Assumption of Contractual Obligations After Creation by Certain Districts

Sec. 172.055.  AUTOMATIC ASSUMPTION OF CONTRACTUAL OBLIGATIONS AFTER CREATION BY CERTAIN DISTRICTS.  A district created or re-created under Section 172.052 automatically assumes any obligation of a contract executed by the district or a predecessor district that is in force on the date of the creation or re-creation unless the contract expressly expires on the date of dissolution or re-creation of the district that executed the 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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.101. Control of District

Sec. 172.101.  CONTROL OF DISTRICT.  (a)  The board is responsible for the management, operation, and control of the district.
(b)  The right to control and regulate district affairs is vested exclusively in the board except as specifically otherwise provided by this chapter.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.102. Terms

Sec. 172.102.  TERMS.  (a)  A director serves a two-year term.
(b)  An initial director serves a term ending on the second anniversary of the date:
(1)  the latest concurrent order creating or re-creating the district under Section 172.052 was adopted; or
(2)  an order creating the district under Section 172.053 was adopted.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.103. Qualifications for Office

Sec. 172.103.  QUALIFICATIONS FOR OFFICE.  (a)  To be eligible for appointment as a director, a person must be a resident of the county governed by the commissioners court that appoints the person.
(b)  An elected officer of this state or a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible to serve on the board.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.104. Vacancy

Sec. 172.104.  VACANCY.  The commissioners court that appointed a director who vacates the position shall appoint a director for the unexpired term.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.105. Removal

Sec. 172.105.  REMOVAL.  (a)  The commissioners court that appointed a director may remove the director from office for neglect of duty or malfeasance in office after:
(1)  at least 10 days' written notice to the director; and
(2)  a hearing before the commissioners court.
(b)  At the hearing on the question of removal of a director, the director is entitled to be heard in person or through counsel.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.106. Officers

Sec. 172.106.  OFFICERS.  The board shall select a president, vice president, treasurer, and secretary.  The secretary is not required to be a director.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.107. Meetings; Notice

Sec. 172.107.  MEETINGS; NOTICE.  (a)  The board shall hold at least one regular meeting each month to conduct district business.
(b)  The president may call a special board meeting.
(c)  Chapter 551, Government Code, applies to board meetings, except that notice of a board meeting shall be posted at the administrative office of the district and at the courthouse in the county in which that office 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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.108. Rules for Proceedings

Sec. 172.108.  RULES FOR PROCEEDINGS.  The board shall adopt rules for its proceedings.
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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.109. Employees

Sec. 172.109.  EMPLOYEES.  The board may employ and compensate persons to carry out the powers and duties of 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 172 - Rural Rail Transportation Districts › Subchapter C. Board of Directors and Employees › Section 172.110. Pecuniary Interest in Certain Contracts Prohibited

Sec. 172.110.  PECUNIARY INTEREST IN CERTAIN CONTRACTS PROHIBITED.  A district employee may not have a direct or indirect pecuniary interest in any contract or agreement to which the district is a party.
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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.151. General Powers of District; Governmental Functions

Sec. 172.151.  GENERAL POWERS OF DISTRICT; GOVERNMENTAL FUNCTIONS.  (a)  A district has all powers necessary or convenient to carry out the purposes of this chapter.
(b)  A district may generally perform all acts 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.152. Rules

Sec. 172.152.  RULES.  To protect the state's health, safety, and general welfare, a district may adopt rules to govern the operation of the district, its employees, the rail facilities, 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.153. Agreements Generally

Sec. 172.153.  AGREEMENTS GENERALLY.  A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, public or private corporations, and any other 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.154. Agreements With Other Entities for Joint Use

Sec. 172.154.  AGREEMENTS WITH OTHER ENTITIES FOR JOINT USE.  A district may:
(1)  enter into agreements with a public utility, private utility, communication system, common carrier, or transportation system for the joint use of its facilities, installations, or property inside or outside the district; and
(2)  establish:
(A)  through routes;
(B)  joint fares; and
(C)  divisions of tariffs, subject to approval of a tariff-regulating body that has jurisdiction.
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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.155. Joint Ownership Agreements

Sec. 172.155.  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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.156. Awarding Construction or Purchase Contracts

Sec. 172.156.  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)  A 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; or
(2)  the acquisition of an existing rail transportation 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.157. Eminent Domain

Sec. 172.157.  EMINENT DOMAIN.  (a)  A district may exercise the power of eminent domain to acquire:
(1)  land in fee simple; or
(2)  any interest 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)  A district may not exercise the power of eminent domain in a manner that would unduly interfere with interstate commerce.
(c)  An eminent domain proceeding brought by a district is governed by Chapter 21, Property Code, except to the extent inconsistent with this chapter.
(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 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.1571. Restoration of Certain Expired Eminent Domain Authority

Sec. 172.1571.  RESTORATION OF CERTAIN EXPIRED EMINENT DOMAIN AUTHORITY.  (a) This section applies only to a district:
(1)  whose authority to exercise the power of eminent domain under Section 172.157 expired under Section 2206.101(c), Government Code; and
(2)  that is located in a county adjacent to a county in which there is located a port authority that has the authority to issue a permit for the movement of oversize or overweight vehicles under Subchapter O or P, Chapter 623.
(b)  Notwithstanding the expiration of the district's authority as described by Subsection (a), the district, on and after September 1, 2015, may exercise the power of eminent domain in accordance with Section 172.157.
Added by Acts 2015, 84th Leg., R.S., Ch. 381 (H.B. 1422), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.158. Disposition of Surplus Property

Sec. 172.158.  DISPOSITION OF SURPLUS PROPERTY.  (a)  A district may sell, lease, convey, or otherwise dispose of any right, interest, or property not needed for or, in the case of a lease, not inconsistent with the efficient operation and maintenance of the system.
(b)  A district may, on adoption of an order by the board, sell, lease, or otherwise dispose of surplus property not needed for district requirements or to carry out district powers under this chapter.
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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.159. Suits

Sec. 172.159.  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 the principal office of the district is located, except that a suit in eminent domain 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 172 - Rural Rail Transportation Districts › Subchapter D. General Powers and Duties › Section 172.160. Perpetual Succession

Sec. 172.160.  PERPETUAL SUCCESSION.  A district has perpetual succession.
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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.201. General Authority Over Rail Facilities

Sec. 172.201.  GENERAL AUTHORITY OVER RAIL FACILITIES.  A district may plan, acquire, construct, complete, develop, own, operate, and maintain rail facilities inside or outside 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.202. Use and Alteration of Property of Another Political Subdivision

Sec. 172.202.  USE AND ALTERATION OF PROPERTY OF ANOTHER POLITICAL SUBDIVISION.  For a purpose described by Section 172.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of rail facilities, and subject to a grant previously secured or 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.
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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.203. Rules Governing System; Routings

Sec. 172.203.  RULES GOVERNING SYSTEM; ROUTINGS.  A district by resolution may adopt rules governing the use, operation, and maintenance of the system and shall determine all routings and change them when the board considers it 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.204. Acquisition of Property

Sec. 172.204.  ACQUISITION OF PROPERTY.  (a)  A district may purchase, whenever the district considers the purchase expedient, land, property rights, right-of-way, franchises, easements, and other interests in land the district considers necessary to acquire, construct, or operate a rail facility on terms and at a price to which the district and the owner agree.
(b)  The district may take title to the land or interest in the district's name.
(c)  The governing body of a municipality, a county, any other political subdivision, or a public agency may convey without advertisement 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 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.205. Powers Relating to District Property

Sec. 172.205.  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 under this chapter.
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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.206. Acquisition of Rolling Stock and Other Property

Sec. 172.206.  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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.207. Compensation for Use of System Facilities

Sec. 172.207.  COMPENSATION FOR USE OF SYSTEM FACILITIES.  (a)  A district shall establish and maintain reasonable and nondiscriminatory rents 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 rents 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 all 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.208. Operation or Use Contracts

Sec. 172.208.  OPERATION OR USE CONTRACTS.  (a)  A district may:
(1)  lease all or part of the rail facilities to any operator; or
(2)  contract for the use or operation of all or part of the rail facilities by any operator.
(b)  To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of rail facilities.
(c)  The term of an operating contract under this section may not exceed 20 years.  In this subsection, "operating contract" means a professional services contract executed by a district and another person under which the person agrees to provide all or part of the:
(1)  rolling stock required for operation as a common carrier over all or a part of the rail facilities of the district; and
(2)  personnel required for the operation of the rolling stock owned or leased by the district or for the operation of the rail facilities of 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.209. Rail Transportation Services Agreements With Other Political Subdivisions

Sec. 172.209.  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 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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.210. Abandonment of Rail Line

Sec. 172.210.  ABANDONMENT OF RAIL LINE.  (a)  A district may not abandon a district rail line for which state money has been loaned or granted unless the abandonment is approved by the commission as being consistent with the policies of this chapter.
(b)  The commission by rule shall adopt procedures for applying for and obtaining approval for abandonment under this section.
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 172 - Rural Rail Transportation Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Rail Facilities › Section 172.211. Other Powers of County, District, and Navigation District

Sec. 172.211.  OTHER POWERS OF COUNTY, DISTRICT, AND NAVIGATION DISTRICT.  (a)  This section applies only to a county that:
(1)  is adjacent to a county with a population of four million or more;
(2)  has a population of 370,000 or more; and
(3)  has created a district by concurrent order with an adjacent county pursuant to Section 172.052.
(b)  A county acting through the commissioners court or a local government corporation may adopt an order that authorizes the county and a navigation district located wholly or partly in the county to:
(1)  develop rail facilities as a qualifying project under Chapter 2267, Government Code; and
(2)  issue bonds for rail facilities secured by a pledge of the revenues of the facilities, including contract revenue, grant revenue, or other revenue collected in connection with the facilities.
(c)  If each county that created a district adopts an order described by Subsection (b), the district may exercise the powers described by that subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 786 (H.B. 2557), Sec. 2, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 240, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.251. Fiscal Year

Sec. 172.251.  FISCAL YEAR.  (a)  Unless the board changes the fiscal year, the district's fiscal year ends on September 30.
(b)  The board may not change the fiscal year more than once in a three-year period.
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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.252. Annual Budget

Sec. 172.252.  ANNUAL BUDGET.  (a)  Before beginning the operation of 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 meeting.
(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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.253. Grants and Loans

Sec. 172.253.  GRANTS AND LOANS.  A district may accept a grant or loan from the United States, this state and its agencies and political subdivisions, public or private corporations, and any other 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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.254. Depository

Sec. 172.254.  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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.255. Applicability of Public Property Financing Law; Prohibition on Ad Valorem Tax

Sec. 172.255.  APPLICABILITY OF PUBLIC PROPERTY FINANCING LAW; PROHIBITION ON AD VALOREM TAX.  A district may use the procedures provided by Chapter 271, Local Government Code, to finance the district's rail facilities, except to the extent of a conflict with this chapter, and except that the district may not impose an ad valorem 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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.256. Nonnegotiable Purchase Money Notes; Bond Anticipation Notes

Sec. 172.256.  NONNEGOTIABLE PURCHASE MONEY NOTES; BOND ANTICIPATION NOTES.  (a)  A district may:
(1)  issue nonnegotiable purchase money notes, payable in installments and secured by the property being acquired or constructed, to acquire or construct rail facilities; or
(2)  secure the obligation of the notes by a pledge or by issuing bonds, including bond anticipation notes.
(b)  A district may covenant with the purchaser of bond anticipation notes that the proceeds of one or more particular series of bonds will be used for the ultimate payment of the purchase money notes or bond anticipation notes.
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 172 - Rural Rail Transportation Districts › Subchapter F. Financial Provisions › Section 172.257. Tax Exemption

Sec. 172.257.  TAX EXEMPTION.  District property and revenue and the interest on bonds issued by the 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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.301. Revenue Bonds

Sec. 172.301.  REVENUE BONDS.  A district, by board resolution, may issue revenue bonds in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its 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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.302. Security for Payment of Bonds

Sec. 172.302.  SECURITY FOR PAYMENT OF BONDS.  (a)  To secure payment of district bonds, the district may:
(1)  encumber and pledge all or part of the revenue of its rail facilities; and
(2)  encumber all or part of the property of the rail facilities and everything pertaining to them acquired or to be acquired.
(b)  Unless prohibited by the resolution or indenture relating to outstanding bonds, 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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.303. Bonds as Authorized Investments and Security for Deposits of Public Funds

Sec. 172.303.  BONDS AS AUTHORIZED INVESTMENTS AND SECURITY FOR DEPOSITS OF PUBLIC FUNDS.  (a)  District bonds 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 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, 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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.304. Applicability of Public Improvement Financing Law

Sec. 172.304.  APPLICABILITY OF PUBLIC IMPROVEMENT FINANCING LAW.  For purposes of Chapter 1371, Government Code:
(1)  a district is an issuer; and
(2)  the acquisition, improvement, or repair of rail facilities by a district is an eligible project.
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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.305. Limit on Power

Sec. 172.305.  LIMIT ON POWER.  A revenue bond indenture may limit the exercise of the power granted by Section 172.002, 172.151, 172.152, 172.153, 172.154, 172.155, 172.157, 172.158, 172.159, 172.160, 172.201, 172.202, 172.203, 172.204, 172.205, 172.206, 172.207, 172.208, 172.209, 172.210, 172.251, 172.252, 172.253, 172.254, or 172.304.  The limitation 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 172 - Rural Rail Transportation Districts › Subchapter G. Bonds › Section 172.306. Exemption From Review of Notes by Attorney General

Sec. 172.306.  EXEMPTION FROM REVIEW OF NOTES BY ATTORNEY GENERAL.  District notes authorized to be issued to an agency of the federal or state government, and related records, are not required to be submitted to the attorney general for examination under Chapter 1202, Government Code.
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 173 - Intermunicipal Commuter Rail Districts › Subchapter A. General Provisions › Section 173.001. Definition of Person

Sec. 173.001.  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. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter A. General Provisions › Section 173.002. Definitions

Sec. 173.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means a district's board of directors.
(2)  "Commuter rail facility" means any property necessary for the transportation of passengers and baggage between locations in a district.  The term includes rolling stock, locomotives, stations, parking areas, and rail lines.
(2-a) "Commuter rail service" means the transportation of passengers and baggage by rail between locations in a district.
(3)  "Creating municipality" means a municipality described by Section 173.051(a).
(4)  "Director" means a board member.
(5)  "District" means an intermunicipal commuter rail district created under this chapter or under Article 6550c-1, Revised Statutes, as that article existed before April 1, 2011.
(6)  "District property" means property the district owns or leases under a long-term lease.
(7)  "System" means all of the commuter rail and intermodal facilities leased or owned by or operated on behalf of a district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter A. General Provisions › Section 173.003. Location of Municipality in County

Sec. 173.003.  LOCATION OF MUNICIPALITY IN COUNTY.  For purposes of this chapter, a municipality is located in a county only if 90 percent or more of the population of the municipality resides in that county.
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 173 - Intermunicipal Commuter Rail Districts › Subchapter A. General Provisions › Section 173.004. Nature of District

Sec. 173.004.  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.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter B. Creation › Section 173.051. Creation of District

Sec. 173.051.  CREATION OF DISTRICT.  (a)  A district may be created to provide commuter rail service between two municipalities:
(1)  each of which has a population of more than 450,000; and
(2)  that are located not farther than 100 miles apart as determined by the department.
(b)  The creating municipalities and the counties in which the creating municipalities are located may create a district on passage of a resolution favoring creation by the governing body of each municipality or county.
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 173 - Intermunicipal Commuter Rail Districts › Subchapter B. Creation › Section 173.052. Addition of Political Subdivision or Other Public Entity to District

Sec. 173.052.  ADDITION OF POLITICAL SUBDIVISION OR OTHER PUBLIC ENTITY TO DISTRICT.  The following political subdivisions and other public entities may become a part of a district with the approval of the governing body of the political subdivision or public entity:
(1)  a county located adjacent to the county in which a creating municipality is located;
(2)  a municipality with a population of more than 18,000 located in a county described by Subdivision (1); and
(3)  a public entity located in a county that has become part of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.003(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.101. Control of District

Sec. 173.101.  CONTROL OF DISTRICT.  A district is governed by a board of directors.  The board is responsible for the management, operation, and control of 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 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.102. Composition of Board; Terms

Sec. 173.102.  COMPOSITION OF BOARD; TERMS.  (a)  The board is composed of:
(1)  two public directors appointed by the commission;
(2)  one elected member of the governing body of each political subdivision that has become a part of the district under Subchapter B;
(3)  one elected director appointed by the regional planning organization of which a creating municipality is a part;
(4)  one director appointed by each creating municipality to represent the business community of the municipality;
(5)  one director appointed by each authority created under Chapter 451 that serves a creating municipality;
(6)  one director appointed by each county in which a creating municipality is located to represent transportation providers that provide service to rural areas in the county;
(7)  one member appointed by each public entity that has become a part of the district under Section 173.052; and
(8)  one director appointed by all other directors to represent all municipalities in the district that do not otherwise have representation on the board who is an elected official of one of those municipalities.
(b)  Each director serves a staggered two-year term, with as near as possible to half of the directors' terms expiring February 1 of each year.  If one or more directors are added to the board, the directors other than the new directors shall determine the lengths of the new directors' terms so that one-half, or as near one-half as possible, of the directors serve terms expiring each year.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.004(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.103. Vacancy

Sec. 173.103.  VACANCY.  A vacancy on the board shall be filled in the same manner as the original appointment or election.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.