Title TN, Transportation Code

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 stoc…

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. …

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 th…

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. Ap…

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 …

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…

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. 15…

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 payin…

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 impose…

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 Subsec…

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 stat…

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 corporati…

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 Sec…

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 17…

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.

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 cou…

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 inter…

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 municip…

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 …

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…

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.

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. SUBCHAPTER D. POWERS AND DUTIES

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,…

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…

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. …

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…

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 …

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 agree…

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, …

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.

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.

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.

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.

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. SUBCHAPTER F. FINANCIAL PROVISIONS

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), S…

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 sub…

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.

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…

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. Jun…

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 l…

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 tha…

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 …

Sec. 172.001. DEFINITIONS. In this chapter: (1) "Board" means a district's board of directors. (2) "Bonds" means: (A) bonds; (B) notes, including bond anticipation notes, revenue anticipation notes, and grant anticipation notes; (C) warrants; (D) certificates of obligation; (E) i…

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 gov…

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; …

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 mil…