Law:Title 5. Railroads. Subtitle D. Miscellaneous Railroads (Texas)

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Subtitle D. Miscellaneous Railroads

Contents

Chapter 131. Miscellaneous Railways

Subchapter A. General Provisions

Section 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, Sec. 2.03, eff. April 1, 2011.



Subchapter B. Electric Railways

Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Subchapter C. Merger Of Interurban Railway

Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Subchapter D. Provision Of Utilities

Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Subchapter E. Reduced Street Railway Fares

Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Subchapter Z. Miscellaneous Provisions

Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.



Section 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, Sec. 2.03, eff. April 1, 2011.


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