SUBCHAPTER C.  DEPARTMENT SAFETY REGULATION

Sec. 111.101.  IMPLEMENTATION OF FEDERAL SAFETY LAWS; FEES.  (a)  The department may perform any act, adopt any rules, and issue any orders as permitted by the Federal Railroad Safety Act of 1970, originally codified as 45 U.S.C. Sections 421, 431 et seq. and recodified in 1994 as 49 U.S.C. Sections 20101-20117, 20131, 20133-20141, 20143, 21301, 21302, 21304, 21311, 24902, and 24905 and Sections 4(b)(1), (i), and (t) of Pub. L. No. 103-272.
(b)  The department by rule shall:
(1)  adopt reasonable fees to be assessed annually against railroads operating within the state; and
(2)  establish the method by which the fees are calculated and assessed.
(c)  The total amount of fees estimated to be collected by rules adopted by the department under this section may not exceed the amount estimated by the department to be necessary to recover the costs of administering the department's rail safety program.
(d)  In adopting a fee structure, the department may consider the gross ton miles for railroad operations within this state for each railroad operating in the state to provide for the equitable allocation among railroads of the cost of administering the department's rail safety program.
(e)  A fee collected under this section shall be deposited to the credit of the state highway fund and may be used only for the rail safety program.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 192 (H.B. 4015), Sec. 1, eff. September 1, 2023.