(a) Grade crossing by rail line. Grade crossing of any highway or road by a railroad track is discouraged.
(b) Requirements for major routes. The department will allow a track crossing on an interstate highway or other major route only with initial separation of grades. The person requesting the crossing shall pay the total cost of constructing and maintaining such a grade separation.
(c) Requirements for other roadways. The department may allow a track grade crossing on a roadway, other than a roadway to which subsection (b) of this section applies, including a frontage road if technically feasible, if the department determines that the anticipated volumes of train and vehicular traffic and other pertinent factors indicate that the crossing will not be unduly hazardous to the traveling public. If a grade crossing is allowed, the person requesting the crossing shall pay all initial costs of crossing pavement, highway adjustment, and crossing warning protection, including active warning devices that the department considers appropriate for the crossing, to assure that the design and function meets applicable safety requirements. Additionally, the department may specify conditions, such as changes in conditions or volumes of vehicular or train traffic, that will require future separation of grades, at no expense to the state.

Source Note: The provisions of this §7.105 adopted to be effective October 18, 2012, 37 TexReg 8206; amended to be effective June 17, 2020, 45 TexReg 4057