(a) Definition. In this section, "railroad underpass" means a grade separated structure that allows a roadway to cross under a railroad track.
(b) Maintenance responsibilities. The department will pay for the maintenance of railroad underpass substructure units, which consist of the piers, abutments, and wing walls, but exclude any existing timber substructure for approach spans. A railroad company shall pay for the maintenance of the railroad underpass superstructure, including the beams, bearings, deck, waterproofing, and track structure, except as provided in subsection (c) of this section.
(c) Payment for repair of damage to superstructure by highway traffic. If a railroad underpass superstructure is damaged by highway traffic, the department will pay the cost of repairs to the extent agreed to by the representative of the railroad company and the district engineer of the district in which the underpass is located. On notification by the railroad company, the department will prepare an agreement for execution and a job set up based on the estimated cost of repairs. The repair work will be performed by railroad forces or under contract, as agreed on by the railroad representative and the district engineer. In an extreme emergency, the railroad company, on approval of the district engineer, may undertake the work before the department and the railroad company execute a formal agreement to cover the proposed repairs. However, the department will not pay for work that is undertaken before the district engineer issues a work order.
(d) Applicability limitations. The provisions of this section related to the maintenance of underpass substructure units and the assumption of costs for repair of damage to superstructure caused by highway traffic, apply only to underpass structures constructed or reconstructed after October 28, 1960.

Source Note: The provisions of this §7.104 adopted to be effective October 18, 2012, 37 TexReg 8206