(a) Grade crossings. The department, in the expansion, construction, reconstruction, and maintenance of the state highway system, finds it necessary from time to time to cross the tracks of a railroad at grade or to improve existing highway-railroad grade crossings. This section applies to those grade crossings.
(b) Responsibilities. The railroad companies shall furnish to the department, free of cost, the necessary right of way, easement, or license for such a grade crossing. In recognition of those rights, the department will pay from available revenues the cost of construction and reconstruction of a highway or farm-to-market road at grade crossings with an existing railroad. The railroad company shall maintain the grade crossing surface over the tracks of the railroad from one end of the railroad ties to the other end. On a new farm-to-market road project, a county is responsible for the clearing of the right of way, including utility line adjustments and cattle guard adjustments, for the segment of the road located in the county.
(c) Crossing pavement on existing crossings. On existing highway-railroad grade crossings, the department will pay, from available funds, for renewing the crossing approaches and crossing surface to provide a satisfactory riding surface for highway traffic. Asphalt or asphaltic concrete crossings are generally not acceptable. Full-depth concrete panels extending to the ends of railroad ties for the full crown width of the highway are the standard. Full-depth timber pavement or other more durable materials will be used if the railroad company and the department agree to their use.

Source Note: The provisions of this §7.106 adopted to be effective October 18, 2012, 37 TexReg 8206