Enrolled Bill Summary

            Senate Bill 406 amends state law relating to the preservation of rail facilities by the Texas Department of Transportation. The bill establishes the abandoned rail account in the state highway fund for use by the department in preserving abandoned railroads and rail rights-of-way. It requires the department, on notification of an owner's intent to abandon or discontinue rail service, to coordinate with the appropriate governing body in which the line is located as to whether the line should be acquired by the department or any other actions should be taken to provide for continued rail service. The bill authorizes the department to preserve, acquire, lease, or sell rail facilities, rights-of-way, or other real property to continue rail service. It may expend funds from the abandoned rail account for (1) studies to determine the viability of rail facilities for continued rail transportation services; (2) the acquisition of rail facilities; and (3) the relocation of utility facilities, lines, and equipment.

            Senate Bill 406 provides that the changes in state law do not authorize the department to regulate, operate, or maintain rail facilities. It prohibits a rural rail transportation district from abandoning a rail line that has received state funds, unless the abandonment is approved by the Texas Transportation Commission. The bill requires the commission to adopt rules to implement its provisions.