TLC: Transportation Code Proposed Chapters

81C444(3) JTS

SUBTITLE D. MISCELLANEOUS RAILROADS

CHAPTER 131. MISCELLANEOUS RAILWAYS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 131.001. DEFINITION OF PERSON ....................... 2

[Sections 131.002-131.010 reserved for expansion]

SUBCHAPTER B. ELECTRIC RAILWAYS

Sec. 131.011. DEFINITION ................................. 3

Sec. 131.012. EMINENT DOMAIN ............................. 4

Sec. 131.013. RIGHT-OF-WAY ............................... 5

Sec. 131.014. CONSTRUCTION OF RAILWAY ALONG OR OVER

WATERWAY OR INFRASTRUCTURE ............... 6

Sec. 131.015. USE OF ELECTRIC STREET RAILWAY TRACKS ...... 7

Sec. 131.016. TIME REQUIRED FOR CONSTRUCTION ............. 9

Sec. 131.017. USE OF CONDEMNED TRACK ..................... 10

[Sections 131.018-131.030 reserved for expansion]

SUBCHAPTER C. MERGER OF INTERURBAN RAILWAY

Sec. 131.031. DEFINITION ................................. 11

Sec. 131.032. ACQUISITION OF RAILWAY PROPERTY

AUTHORIZED ............................... 11

Sec. 131.033. MUNICIPAL CONSENT REQUIRED ................. 12

Sec. 131.034. USE OF STREET RAILWAYS ..................... 13

Sec. 131.035. LIMITATION ON ACQUISITION .................. 13

[Sections 131.036-131.060 reserved for expansion]

SUBCHAPTER D. PROVISION OF UTILITIES

Sec. 131.061. INTERURBAN ELECTRIC RAILWAYS ............... 14

Sec. 131.062. EXTENSION OF UTILITY LINES ................. 14

Sec. 131.063. SUPPLY AND SALE OF ELECTRICITY BY

STREET, SUBURBAN, OR BELT LINE RAILWAY ... 15

Sec. 131.064. DISTRIBUTION OF GAS OR ELECTRICITY

FOLLOWING ABANDONMENT OF STREET

RAILWAY .................................. 16

[Sections 131.065-131.100 reserved for expansion]

SUBCHAPTER E. REDUCED STREET RAILWAY FARES

Sec. 131.101. APPLICABILITY .............................. 17

Sec. 131.102. CHILDREN 12 YEARS OF AGE OR YOUNGER ........ 18

Sec. 131.103. STUDENTS ................................... 18

Sec. 131.104. CHILDREN FIVE YEARS OF AGE OR YOUNGER ...... 20

Sec. 131.105. TRANSFER RIGHTS ............................ 20

[Sections 131.106-131.900 reserved for expansion]

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 131.901. STREET AND SUBURBAN RAILWAYS ............... 20

Sec. 131.902. FREIGHT INTERURBAN RAILWAYS ................ 22

Sec. 131.903. BUILDINGS AND OTHER FACILITIES: CERTAIN

RAILWAYS ................................. 23

Sec. 131.904. MOTOR BUS LINES ............................ 24

Sec. 131.905. AERIAL OR OTHER TRAMWAY TO MINE ............ 26

SUBTITLE D. MISCELLANEOUS RAILROADS

CHAPTER 131. MISCELLANEOUS RAILWAYS

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 131.001. DEFINITION OF PERSON. For each provision in this chapter added April 1, 2011, as part of the revision of former Title 112, Revised Statutes:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply. (New.)

Revisor's Note

To ensure that no substantive change is made by the revision of the term "person" as used in Title 112, Revised Statutes, the revised law adds a provision stating that, for the purposes of the provisions of Title 112, Revised Statutes, revised in this chapter, "person" includes a corporation, as provided by Section 312.011, Government Code, and the definition of "person" in Section 311.005, Government Code, does not apply. Section 312.011(10), Government Code, which applies to Title 112, provides that "person" includes a corporation. Section 311.005(2), Government Code (Code Construction Act), which applies to the Transportation Code, defines "person" to include a "corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity."

[Sections 131.002-131.010 reserved for expansion]

SUBCHAPTER B. ELECTRIC RAILWAYS

Revised Law

Sec. 131.011. DEFINITION. In this subchapter, "interurban electric railway company" means a corporation chartered under the laws of this state to conduct and operate an electric railway between two municipalities in this state. (V.A.C.S. Art. 6540 (part).)

Source Law

Art. 6540. An interurban electric railway company, within the meaning of this chapter, is a corporation chartered under the laws of this State for the purpose of conducting and operating an electric railway between two cities or between two incorporated towns or between one city and one incorporated town in this State; and … .

Revisor's Note

V.A.C.S. Article 6540 refers to "cities" and "incorporated towns." Throughout this chapter, the revised law substitutes the term "municipality" for "city," "incorporated town," or "town" because "municipality" is the term used in the Local Government Code to refer to those entities.

Revised Law

Sec. 131.012. EMINENT DOMAIN. A corporation chartered for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between municipalities in this state for the transportation of freight, passengers, or both freight and passengers may:

(1) exercise the power of eminent domain with all the rights and powers granted by law to a railroad company; and

(2) enter, condemn, and appropriate land, right-of-way, easements, or other property of any person or corporation to acquire:

(A) right-of-way on which to construct and operate lines of railway for the acquiring corporation; or

(B) sites for depots or power plants. (V.A.C.S. Art. 6535.)

Source Law

Art. 6535. All corporations chartered for the purpose of constructing, acquiring, maintaining and operating lines of electric railway between any cities and towns in this State for the transportation of freight or passengers, or both, shall have the right of eminent domain with all the rights and powers as fully as are conferred by law upon steam railroad corporations, and shall have the right and power to enter upon, condemn and appropriate the lands, rights of way, easements and property of any person or corporation whomsoever for the purpose of acquiring rights of way upon which to construct and operate their lines of railways and sites for depots and power plants.

Revisor's Note

(1) V.A.C.S. Article 6535 provides that electric railways "have the right of eminent domain." Throughout this chapter, the revised law substitutes for the quoted language and for similar phrases with the same meaning "may exercise the power of eminent domain" because the latter phrase is consistent with modern usage in laws relating to eminent domain, including Chapter 21, Property Code.

(2) V.A.C.S. Article 6535 grants electric railways the same powers of eminent domain as granted to "steam railroad corporations." The revised law omits the reference to "steam" as obsolete and because nothing in the laws granting eminent domain to railroads in this state (revised as Subchapter B, Chapter 112, Transportation Code) restricts that power to "steam" railroads. The revised law substitutes "companies" for "corporations" for the reason stated in the revisor's note to Section 81.002.

Revised Law

Sec. 131.013. RIGHT-OF-WAY. (a) A corporation described by Section 131.012 may:

(1) lay out right-of-way not to exceed 200 feet in width for its railways;

(2) construct its railways and appurtenances on that right-of-way; and

(3) with compensation being made in accordance with law:

(A) take for the purpose of cuttings and embankments additional land necessary for the proper construction and security of its railways; and

(B) cut down any tree or remove any structure that may be in danger of falling on or obstructing its railway.

(b) The corporation may:

(1) have an examination and survey of its proposed railway made as necessary to select the most advantageous route; and

(2) for the purposes of Subdivision (1), enter on the land or water of any person or corporation, subject to responsibility for all damages that may be caused by the entrance, examination, or survey. (V.A.C.S. Art. 6536.)

Source Law

Art. 6536. Such corporation shall have the right and power to lay out rights of way for their railways not to exceed two hundred feet in width, and to construct their railways and appurtenances thereon, and for the purpose of cuttings and embankments to take as much more land as may be necessary for the proper construction and security of their said railways, and to cut down any standing trees or remove any other structure that may be in danger of falling upon or obstructing such railway, compensation being made therefor in accordance with law. Such corporation may have such examination and survey of their proposed railways made as may be necessary to the selection of the most advantageous route, and for such purposes may enter upon the lands or waters of any person or corporation subject to responsibility for all damages that may be occasioned thereby.

Revised Law

Sec. 131.014. CONSTRUCTION OF RAILWAY ALONG OR OVER WATERWAY OR INFRASTRUCTURE. (a) A corporation described by Section 131.012 may construct its railway along, across, or over any stream, water course, bay, navigable water, arm of the sea, street, highway, steam railway, turnpike, or canal located in the route of its electric railway.

(b) The corporation may erect and operate a bridge, tram, trestle, or causeway, over, along, or across any stream, water course, bay, navigable water, arm of the sea, street, highway, turnpike, or canal described by Subsection (a).

(c) A bridge or other structure described by Subsection (b) may not be erected so as to unnecessarily or unreasonably prevent the navigation of the stream, water course, bay, arm of the sea, or navigable water.

(d) This section does not authorize the construction of an electric railway on or across a street, alley, square, or property of a municipality without the consent of the governing body of the municipality.

(e) Before constructing an electric railway along or on a highway, turnpike, or canal, an interurban electric railway company must first obtain the consent of the authority having jurisdiction over the highway, turnpike, or canal. (V.A.C.S. Art. 6537.)

Source Law

Art. 6537. They may construct their railways along, across and over any stream of water, water course, bay, navigable water, arm of the sea, street, highway, steam railway, plank road, turnpike or canal which the route of such railway shall touch, and erect and operate bridges, trams, trestles, or causeways over, along or across any such stream, water course, navigable water, bay, arm of the sea, street, highway, plank road, turnpike, or canal. Such bridge or other structure shall be so erected as to not unnecessarily or unreasonably prevent the navigation of such stream, water course, bay, arm of the sea or navigable water and nothing herein shall authorize the construction of any such railway upon or across any street, alley, square or property of any incorporated city or town without the assent of said corporation of said city or town, and before constructing an electric railway along and upon highways, plank roads, turnpikes or canals, such interurban electric railway company shall first obtain the consent of the lawful authorities having the jurisdiction of the same.

Revisor's Note

(1) V.A.C.S. Article 6537 refers to "plank roads" among other types of roads or structures. The revised law omits the reference to a "plank road" because that type of road, common in the United States in the first half of the 19th century, is obsolete, and a road constructed as a plank road, if still in use, would be covered by another type of surface.

(2) V.A.C.S. Article 6537 refers to "the … said corporation of said city or town," meaning a municipal corporation that governs an incorporated city or town. The revised law substitutes "governing body" for "said corporation" to conform to the modern terminology used in the Local Government Code.

Revised Law

Sec. 131.015. USE OF ELECTRIC STREET RAILWAY TRACKS. (a) An interurban electric railway company's power of eminent domain under this subchapter includes the power to condemn for its use and benefit easements and right-of-way to operate interurban cars along and on the track of an electric street railway company owning, controlling, or operating track on any public street or alley in a municipality for a purpose described by Subsection (b), subject to the consent, authority, and control of the governing body of the municipality.

(b) Condemnation under Subsection (a) may be used only to secure an entrance into and an outlet from a municipality on a route designated by the governing body of the municipality.

(c) In a proceeding to condemn an easement or right-of-way under this section, the court or the jury trying the case shall define and establish the terms on which the easement or right-of-way may be used.

(d) A court rendering a judgment in a proceeding under this section may review and reform the terms of a grant and the provisions of the judgment on a subsequent application by a party to the original proceeding or a person claiming through or under a party to the original proceeding.

(e) The hearing on an application brought under Subsection (d) is in the nature of a retrial of the proceeding with respect to the terms on which the easement may be used except that the court may not declare the easement forfeited or impair the exercise of the easement.

(f) An application under Subsection (d) may not be made before the second anniversary of the date of the final judgment on the most recent application. (V.A.C.S. Arts. 6538, 6539.)

Source Law

Art. 6538. The right of condemnation herein given to interurban electric railway companies shall include the power and authority to condemn for their use and benefit, easements and rights of way to operate interurban cars along and upon the track or tracks of any electric street railway company owning, controlling or operating such track or tracks upon any public street or alley in any town or city of this State for the purpose hereinafter mentioned, subject to the consent, authority and control of the governing body of such town or city.

Art. 6539. Any interurban electric railway company, seeking to avail itself of the benefits of this chapter shall have the right to condemn an easement along and upon the track or tracks of any electric street railway company for the purpose only of securing an entrance into and an outlet from a town or city upon a route to be designated by the governing body of the city or town. In any proceeding to condemn an easement or right of way for the purposes above mentioned, the court, or the jury trying the case shall define and fix the terms and conditions upon which such easement or right of way shall be used. The court rendering such judgment shall be authorized upon a subsequent application or applications by either of the parties to the original proceedings, or any one claiming through or under them, to review and reform the terms and conditions of such grant and the provisions of such judgment, and the hearing upon such application shall be in the nature of a retrial of said cause with respect to the terms and conditions upon which said easement shall be used; but the court shall not have power upon any such rehearing to declare such easement forfeited or to impair the exercise thereof, and no application for a rehearing shall be made until two years after the final judgment on the last preceding application.

Revisor's Note

(1) V.A.C.S. Article 6538 refers to the "power and authority" to condemn property. The revised law omits the reference to "authority" because it is included in the meaning of "power."

(2) V.A.C.S. Article 6539 refers to "terms and conditions" of an easement. The revised law omits the reference to "conditions" because it is included in the meaning of "terms."

Revised Law

Sec. 131.016. TIME REQUIRED FOR CONSTRUCTION. The rights secured under this chapter by an interurban electric railway company are void unless the road to be constructed under the charter of the company is fully constructed from one municipality to another within 12 months of the date of the final judgment awarding the company an easement or right-of-way under Section 131.015. (V.A.C.S. Art. 6540 (part).)

Source Law

Art. 6540. … the rights secured under this chapter by any interurban company shall be inoperative and void if the road to be constructed under the charter of said company is not fully constructed from a city or incorporated town to some other city or incorporated town within twelve months from the date of the final judgment awarding to said company said easements and right of way… .

Revisor's Note

V.A.C.S. Article 6540 provides that certain rights may become "inoperative and void." The revised law omits the reference to "inoperative" because it is included in the meaning of "void."

Revised Law

Sec. 131.017. USE OF CONDEMNED TRACK. (a) Unless the company whose track is condemned under this subchapter consents, an interurban electric railway company exercising the powers granted under this chapter may not receive for transportation freight or passengers at any location on the condemned track destined to another location on the condemned track.

(b) A company that wilfully violates Subsection (a) forfeits the easement or right-of-way used to provide the transportation. (V.A.C.S. Art. 6540 (part).)

Source Law

Art. 6540. … Any interurban company availing itself of the privileges conferred in this chapter is hereby prohibited from receiving for transportation at any point on that portion of the track or tracks so condemned, without the consent of the company over whose track or tracks the easement is condemned, any freight or passengers destined to a point or points between the termini of the track or tracks so condemned; and a wilful violation by the company of the provisions of this article shall operate to forfeit such easements or rights of way.

Revisor's Note

(End of Subchapter)

V.A.C.S. Article 6542 provides that the provisions of the chapter (meaning Chapter 13, Title 112, Revised Statutes) granting eminent domain or other powers do not authorize the condemnation of any land or ground that is occupied by a line or track of an interurban electric railway, or of any land or ground that will be used to relocate a line or track of an interurban railroad, if the line or track was constructed on or before March 5, 1907. The revised law omits this article as obsolete because the likelihood is remote that an entity that existed in 1907 would want to condemn land on which 100-year-old tracks are located or would want to relocate 100-year-old tracks. The omitted law reads:

Art. 6542. No provision in this chapter shall be construed to have the effect to confer the power of eminent domain, or any power herein conferred, except that conferred in the preceding article, upon any interurban railroad or interurban railroad company, or upon any person, firm, association, or corporation or to add to the powers already possessed by any such railroad or railroad company, person, firm, association or corporation so as to enable or authorize it to condemn any land or ground occupied by any portion of its line or track, already constructed March 5, 1907, or to condemn any land or ground for the purpose of changing the location of any track or line already constructed at said date. Nothing in this article shall be construed to take from any interurban railroad company, person, firm, association or corporation, any power of eminent domain already possessed by it.

[Sections 131.018-131.030 reserved for expansion]

SUBCHAPTER C. MERGER OF INTERURBAN RAILWAY

Revised Law

Sec. 131.031. DEFINITION. In this subchapter, "interurban railway" means an electric or other interurban line of railway in this state. (V.A.C.S. Art. 6543 (part).)

Source Law

Art. 6543. [Any corporation] … [authorized to construct, acquire and operate] electric or other interurban lines of railway in this State, commonly known as interurban railways, … .

Revised Law

Sec. 131.032. ACQUISITION OF RAILWAY PROPERTY AUTHORIZED. (a) A corporation organized under the laws of this state that is authorized to construct, acquire, and operate an interurban railway may:

(1) acquire, lease, or purchase the physical property, rights, and franchise of any other railway corporation with similar powers; or

(2) lease or purchase physical property, rights, and franchises of any suburban or street railway corporation the railway lines of which are to be operated in connection with the interurban railway.

(b) The owner of physical property or a right or franchise described by Subsection (a)(1) or (2) may sell or dispose of the property, right, or franchise to the corporation making an acquisition, lease, or purchase under Subsection (a).

(1) agreed to by the board of directors of each corporation; and

(2) authorized or approved by a majority of the stockholders of each corporation. (V.A.C.S. Art. 6543 (part).)

Source Law

Art. 6543. Any corporation organized under the laws of this State authorized to construct, acquire and operate … interurban railways, may acquire, lease or purchase the physical properties, rights and franchise of any other railway corporation having and possessing like power, or may lease or purchase physical properties, rights and franchises of any suburban or street railway corporation, the lines of whose railway are to be operated in connection with the lines of the interurban railway, and may sell or dispose of the physical properties, rights and franchise by such corporation or person owning the same, to such corporation, acquiring, leasing or purchasing same hereunder. Such acquisition or purchase may be made upon such terms as may be agreed upon by the respective boards of directors and authorized or approved by a majority of the stockholders of such corporations, respectively… .

Revised Law

Sec. 131.033. MUNICIPAL CONSENT REQUIRED. (a) Before selling property under this subchapter, a corporation that owns or operates a street car railway must obtain the consent of the governing body of the municipality in which the street car line is located.

(b) This subchapter does not affect a charter provision of a municipality that provides for the right of qualified voters of the municipality to vote on the granting or amending of franchise to a street or interurban railway. (V.A.C.S. Art. 6543 (part).)

Source Law

Art. 6543. … Corporations owning and operating said street car railways before making sale of its properties hereunder, shall obtain the consent of the governing body of the city where such street car line may be located; and, in cities and towns operating under any charter which provides for the right of qualified voters to vote on the granting or amending of franchise to street railways or interurban railways, this right shall still exist… .

Revised Law

Sec. 131.034. USE OF STREET RAILWAYS. A corporation authorized to construct, acquire, and operate an interurban railway and a corporation owning and operating a street railway may enter into a trackage or lease contract to allow for continuous passage into or through a municipality, subject to the consent of the governing body of the municipality. (V.A.C.S. Art. 6543 (part).)

Source Law

Art. 6543. … Any corporation authorized to construct, acquire and operate electric or other interurban lines of railway in this State, commonly known as interurban railways, shall also have the power to make and enter into trackage or lease contract with any corporation owning and operating street railways, so as to procure continuous passage into or through such city or town; provided, the governing body of the city or town shall consent thereto; in such case, the owner of such street railways is also authorized to enter into such trackage or lease contract… .

Revised Law

Sec. 131.035. LIMITATION ON ACQUISITION. A corporation described by this subchapter may not:

(1) acquire, own, control, or operate a parallel or competing interurban line; or

(2) purchase, lease, acquire, own, or control, directly or indirectly, the shares or certificates of stock or bonds, a franchise or other right, or the physical property or any part of the property, of any corporation in violation of the law commonly known as the antitrust law. (V.A.C.S. Art. 6543 (part).)

Source Law

Art. 6543. … No corporation named in this article shall ever be permitted to acquire, own, control or operate any parallel or competing interurban line. No such corporation shall be permitted to purchase, lease, acquire, own or control, directly or indirectly, the shares or certificates of stock or bonds, franchise or other rights, or the physical properties or any part thereof, of any other corporation, if the same will violate any provision of the law commonly known as the anti-trust law.

[Sections 131.036-131.060 reserved for expansion]

SUBCHAPTER D. PROVISION OF UTILITIES

Revised Law

Sec. 131.061. INTERURBAN ELECTRIC RAILWAYS. An interurban electric railway company, as defined by Section 131.011, is entitled to produce, supply, and sell electric light and power to the public and to municipalities. (V.A.C.S. Art. 6541.)

Source Law

Art. 6541. Interurban electric railway companies shall also have the right to produce, supply and sell electric light and power to the public and to municipalities.

Revised Law

Sec. 131.062. EXTENSION OF UTILITY LINES. (a) This section applies only to a corporation organized under the laws of this state that is authorized to:

(1) construct, acquire, and operate electric or other lines of railway in and between municipalities in this state; and

(2) acquire, hold, and operate other public utilities in and adjacent to the municipalities in or through which the corporation operates.

(b) A corporation described by Subsection (a) may extend its electric light, power, or gas lines to supply light, power, or gas, as appropriate, to the public residing beyond the territory adjacent to the municipalities in or through which the corporation operates.

(c) For the purpose of extending a line described by Subsection (b), the corporation has the same rights and powers of extension held by a public service corporation engaged in the supply and sale of electric light, power, or gas as provided by law.

(d) The authority granted under this section does not expressly or impliedly repeal any antitrust law of this state. (V.A.C.S. Art. 6541a.)

Source Law

Art. 6541a. Any corporation now or hereafter organized under the laws of this state authorized to construct, acquire and operate electric or other lines of railway within and between any cities or towns in Texas and to acquire, hold and operate other public utilities in and adjacent to the cities or towns within or through which such company operates, may extend its electric light, power and gas lines, or either of them, for the purpose of supplying light, power and gas, or either of them, to the public residing beyond the territory adjacent to the cities or towns within or through which it operates, and for the purpose of so extending any such electric light, power and gas lines, any such corporation shall have all the rights and powers of extension now or hereafter possessed and enjoyed by public service corporations engaged in supplying and selling electric light, power and gas, or either of them as provided by law; and the powers herein granted shall not repeal either expressly or impliedly any of the anti-trust laws of the State of Texas.

Revisor's Note

V.A.C.S. Article 6541a was enacted into law by the legislature but was not added to or made a part of Title 112, Revised Statutes, by legislative action. Definitions, penalties, and other references that are derived from Title 112 and that are generally applicable to "this subtitle" or "this chapter" should be examined carefully to determine whether they applied specifically to Article 6541a and, therefore, Section 131.062.

Revised Law

Sec. 131.063. SUPPLY AND SALE OF ELECTRICITY BY STREET, SUBURBAN, OR BELT LINE RAILWAY. A corporation organized under the general laws of this state that owns or operates with electric power any street or suburban railway or belt line of railways in and near a municipality for the transportation of freight and passengers within this state may:

(1) supply and sell electric light and power to the public or a municipality; and

(2) acquire or otherwise provide appliances necessary for an activity authorized by Subdivision (1). (V.A.C.S. Art. 6545 (part).)

Source Law

Art. 6545. … Any corporation heretofore or hereafter organized under the general laws of this State, and which owns or operates with electric power any street or suburban railway or belt line of railways within and near cities and towns for the transportation of freight and passengers within Texas shall be authorized to supply and sell electric light and power to the public or municipalities, and to acquire or otherwise provide the necessary appliances therefore [therefor], and … .

Revisor's Note

V.A.C.S. Article 6545 authorizes a corporation to amend its articles of incorporation to authorize it to provide electric light and power to the public. The revised law omits this authority as unnecessary because it duplicates the general authority contained in Section 3.051, Business Organizations Code, which authorizes a corporation to make amendments to its certificate of formation (previously called articles of incorporation or a charter) at any time. The omitted law reads:

Art. 6545. … [Any corporation heretofore or hereafter organized under the general laws of this State,] … may, by proceeding in the manner provided by law, amend its articles of incorporation so as to expressly include such authority… .

Revised Law

Sec. 131.064. DISTRIBUTION OF GAS OR ELECTRICITY FOLLOWING ABANDONMENT OF STREET RAILWAY. (a) This section applies only to a private corporation:

(1) incorporated before April 26, 1937; and

(2) that as of April 26, 1937, was authorized by its charter and the statutes of this state to operate street and interurban railways and had the power to distribute and sell gas or electricity to the public.

(b) During the unexpired period of its corporate charter, a corporation that before, on, or after April 26, 1937, has abandoned or discontinued the operation of street and interurban railways or motor buses substituted for the railways may continue to distribute and sell electricity or gas as authorized by its corporate charter and statutes in the same manner as if the abandonment or discontinuation had not occurred. (V.A.C.S. Art. 6541b.)

Source Law

Art. 6541b. That all private corporations which have heretofore been incorporated and are now authorized by their charters and the Statutes of this State to operate street and interurban railways with power to distribute and sell gas and/or electricity to the public and which have heretofore abandoned or discontinued or may hereafter abandon or discontinue the operation of street and interurban railways and motor buses substituted therefor are hereby authorized to continue to distribute and sell electricity and/or gas in accordance with their charters and the Statutes during the unexpired period of their corporate charters just as though they continued the operation of said street and interurban railways or motor buses, or both.

Revisor's Note

(1) V.A.C.S. Article 6541b applies to corporations that "heretofore" have been incorporated and are "now" authorized to perform certain activities and that abandon or discontinue rail or bus service "heretofore" or "hereafter." The revised law substitutes the effective date of the legislation enacting Article 6541b as appropriate for each of the quoted terms to clarify to the reader the time referred to in the article.

(2) V.A.C.S. Article 6541b was enacted into law by the legislature but was not added to or made a part of Title 112, Revised Statutes, by legislative action. Definitions, penalties, and other references that are derived from Title 112 and that are generally applicable to "this subtitle" or "this chapter" should be examined carefully to determine whether they applied specifically to Article 6541b and, therefore, Section 131.064.

[Sections 131.065-131.100 reserved for expansion]

SUBCHAPTER E. REDUCED STREET RAILWAY FARES

Revised Law

Sec. 131.101. APPLICABILITY. This subchapter applies only to a person or corporation owning or operating a street railway in or on the public streets of a municipality with a population of 40,000 or more. (V.A.C.S. Art. 6544 (part).)

Source Law

Art. 6544. All persons or corporations owning or operating street railways in or upon the public streets of any town or city of not less than forty thousand inhabitants are required:

…

Revised Law

Sec. 131.102. CHILDREN 12 YEARS OF AGE OR YOUNGER. (a) The owner or operator of a street railway shall transport a child 12 years of age or younger for half the fare regularly collected for the transportation of an adult.

(b) This section does not apply to a street car transporting children or students to and from a school, college, or other institution of learning located one mile or more outside the corporate limits of the municipality in which the street car operates. (V.A.C.S. Art. 6544 (part).)

Source Law

Art. 6544. [All persons or corporations owning or operating street railways in or upon the public streets of any town or city of not less than forty thousand inhabitants are required]:

1. To carry children of the age of twelve years or less for one-half the fare regularly collected for the transportation of adults. This law shall not apply to street cars carrying children or students to and from schools, colleges or other institutions of learning situated at a distance of one mile or more beyond the limits of the incorporated city or town from which said cars run.

…

Revised Law

Sec. 131.103. STUDENTS. (a) The owner or operator of a street railway shall sell or provide for the sale of tickets for half of the regular fare collected for the transportation of adults to students 17 years of age or younger while in attendance at any academic, public, or private school in a grade not higher than the highest grade of the public high schools located in or adjacent to the municipality in which the railway is located.

(b) Tickets under this section must be sold in lots of 20, with each ticket valid for one trip over the railway lines.

(c) Tickets under this section are not required to be sold unless the student making the purchase presents the written certificate of the principal of the school the student attends stating that the student:

(1) is not older than 17 years of age; and

(2) is in regular attendance at a school in a grade that qualifies under Subsection (a).

(d) Tickets under this section are not required to be sold and may not be used except during the months when a school qualifying under Subsection (a) is in session.

(e) A student described by Subsection (a) shall be transported at half fare only when the student presents a ticket issued under this section. (V.A.C.S. Art. 6544 (part).)

Source Law

Art. 6544. [All persons or corporations owning or operating street railways in or upon the public streets of any town or city of not less than forty thousand inhabitants are required]:

…

2. To sell or provide for the sale of tickets in lots of twenty, each good for one trip over the line or lines owned or operated by such person or corporation, for one-half of the regular fare collected for the transportation of adults, to students not more than seventeen years of age in actual attendance upon any academic, public or private school of grades not higher than the grades of the public high schools situated within or adjacent to the town or city in which such railway is located. Such tickets are required to be sold only upon the presentation by the student desiring to purchase them of the written certificate of the principal of the school which he attends showing that he is not more than seventeen years old, is in regular attendance upon such school and is within the grades herein provided. Such tickets are not required to be sold to such students and shall not be used except during the months when such school is in actual session and such students shall be transported at half fare only when they present such tickets.

…

Revisor's Note

V.A.C.S. Article 6544 provides that a student must be in "actual" attendance and that the school must be in "actual" session. The revised law omits the reference to "actual" as unnecessary because the term does not add to the clear meaning of the law.

Revised Law

Sec. 131.104. CHILDREN FIVE YEARS OF AGE OR YOUNGER. The owner or operator of a street railway shall transport free of charge a child five years of age or younger when attended by a passenger older than that age. (V.A.C.S. Art. 6544 (part).)

Source Law

Art. 6544. [All persons or corporations owning or operating street railways in or upon the public streets of any town or city of not less than forty thousand inhabitants are required]:

…

3. To transport free of charge children of the age of five years or less when attended by a passenger of above said age.

…

Revised Law

Sec. 131.105. TRANSFER RIGHTS. The owner or operator of a street railway shall offer a passenger paying a reduced fare under this subchapter the same rights as to the use of transfers issued by the owner or operator's line or other lines as offered to a passenger paying full fare. (V.A.C.S. Art. 6544 (part).)

Source Law

Art. 6544. [All persons or corporations owning or operating street railways in or upon the public streets of any town or city of not less than forty thousand inhabitants are required]:

…

4. To accord to all passengers referred to in this article the same rights as to the use of transfers issued by their own or other lines as are or may be accorded to passengers paying full fare.

[Sections 131.106-131.900 reserved for expansion]

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Revised Law

Sec. 131.901. STREET AND SUBURBAN RAILWAYS. (a) Street and suburban railways engaged in the transportation of freight in and near a municipality are subject to the control of the department.

(b) A street railway company is not exempt from payment of assessments that may be imposed against it for street improvements. (V.A.C.S. Art. 6545 (part).)

Source Law

Art. 6545. All street and suburban railways engaged in the transportation of freight within and near cities and towns, shall be subject to the control of the Railroad Commission. No street railway company shall be exempt from payment of assessments that may be legally levied or charged against it for street improvements… .

Revisor's Note

(1) V.A.C.S. Article 6545 provides that a street railway company is not exempt from assessments that are "legally levied or charged." The revised law omits the reference to "legally" because the railway company could not be made subject to an illegal assessment and substitutes the term "imposed" for "levied or charged" because "imposed" is the term used in Chapter 313, Transportation Code, which authorizes assessments for street improvements.

(2) A portion of V.A.C.S. Article 6545 allows certain corporations created under "chapter one of this title" (meaning Title 112) to issue stocks and bonds without railroad commission control under "Chapter 50, Acts 1893" (revised in 1925 as Chapter 12, Title 112, Revised Statutes). The revised law omits the provision as obsolete since both Chapters 1 and 12 were repealed in 2007 by Chapter 1115, Acts of the 80th Legislature, Regular Session, 2007. The omitted law reads:

Art. 6545. … When the Railroad Commission shall decide that any corporation created under chapter one of this title for the purpose of operating a local suburban railway not exceeding ten miles from the corporate limits of any city or town in addition to such mileage as it may have within the same, is not for any reason subject to the control of said Commission in reference to the issuance of stocks and bonds or either under the provisions of Chapter 50, Acts 1893, after such decision of the Commission, said corporation shall have the right to issue its stocks and bonds or either and also to increase its stocks and bonds or either without the control of the Commission and without complying with the Act aforesaid in reference thereto, and when so issued said stocks and bonds shall in all respects be valid and binding.

Revised Law

Sec. 131.902. FREIGHT INTERURBAN RAILWAYS. (a) An entity incorporated as an electric, gas or gasoline, denatured alcohol, or naphtha interurban or motor railway that engages in transporting freight is subject to the control of the department.

(b) A corporation described by Subsection (a) is not exempt from payment of assessments that may be imposed against it for street improvements.

(1) may exercise the same power of eminent domain as given by law to railroads;

(2) may exercise the power of eminent domain to acquire right-of-way on which to construct its railway lines and sites for depots and power plants;

(3) has the same rights, powers, and privileges as granted by law to an interurban electric railway company; and

(4) may acquire, hold, and operate other public utilities in and adjacent to a municipality in or through which the company operates.

(d) An interurban railway company described by Subsection (a) may not condemn property on which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:

(1) it is necessary to take the property; and

(2) no other route is possible or practicable. (V.A.C.S. Art. 6546.)

Source Law

Art. 6546. All electric, gas or gasoline, denatured alcohol or naphtha interurban or motor railways incorporated as such, which shall engage in transporting freight, shall be subject to the control of the Railroad Commission. No such corporation shall ever be exempt from the payment of assessments that may be legally levied or assessed against it for street improvements. Such interurban railways shall have the same right of eminent domain as are now given by law to steam railroads, and may exercise such right for the purpose of acquiring right of way upon which to construct their railway lines, and sites for depots and power plants, and shall have the same rights, powers and privileges as are now granted by law to interurban electric railways companies. Any such interurban company shall have the right and authority to acquire, hold and operate other public utilities in and adjacent to the cities or towns within or through which said company operates. No property upon which is located a cemetery shall ever be condemned by any such interurban railway, unless it shall affirmatively be shown, and so found by the court trying such condemnation suit, that it is necessary to take such property, and no other route is possible or practicable.

Revisor's Note

(1) V.A.C.S. Article 6546 refers to assessments that are "legally levied or assessed." The revised law omits the reference to "legally" and substitutes the term "imposed" for "levied or assessed" for the reasons stated in Revisor's Note (1) to Section 131.901.

(2) V.A.C.S. Article 6546 grants certain railways the same eminent domain powers as "steam railroads." The revised law omits the reference to "steam" as obsolete and because nothing in the laws granting eminent domain to railroads in this state (revised as Subchapter B, Chapter 112, Transportation Code) restricts that power to "steam" railroads.

Revised Law

Sec. 131.903. BUILDINGS AND OTHER FACILITIES: CERTAIN RAILWAYS. A corporation organized before September 1, 1925, under any law of this state, that operates a line of electric, gas or gasoline, denatured alcohol, or naphtha motor railway in and between municipalities in this state, may:

(1) own and operate union depots and office buildings; and

(2) acquire, hold, and operate electric light and power plants in and adjacent to a municipality in or through which the railway operates. (V.A.C.S. Article 6547 (part).)

Source Law

Art. 6547. Any corporation heretofore organized under any law of this State, and which now or may hereafter operate a line of electric, gas or gasoline, denatured alcohol, or naphtha motor railway, within and between any cities or towns in Texas, is authorized to own and operate union depots and office buildings, and to acquire, hold and operate electric light and power plants in and adjacent to cities or towns within or through which said company operates. …

Revisor's Note

(1) V.A.C.S. Article 6547 applies to corporations that "heretofore" have been incorporated and "now or may hereafter" operate certain railways. The revised law substitutes the effective date of the legislation enacting Article 6547 for "hereafter" to clarify to the reader the time referred to in the article. The revised law omits the phrase "now or may hereafter" as unnecessary since under Section 311.022, Government Code (Code Construction Act), all statutes are presumed to have prospective application unless expressly provided otherwise.

(2) V.A.C.S. Article 6547 authorizes a corporation to amend its charter to authorize the corporation to perform certain activities. The revised law omits this provision as unnecessary for the reason stated in the revisor's note to Section 131.063. The omitted law reads:

Art. 6547. … Such existing corporation, or one heretofore organized under subdivision 68 of Article 1302, may, by proceeding in the manner provided by law, amend its charter so as to expressly include any or all powers herein authorized.

Revised Law

Sec. 131.904. MOTOR BUS LINES. (a) This section applies only to a corporation authorized to operate a street or suburban railway or an interurban railway and to carry passengers for hire.

(b) Subject to the approval of the governing body of the municipality in which the corporation operates its railway, the corporation may:

(1) substitute, wholly or partly, motor bus lines for its railway; and

(2) maintain and operate automobile motor buses to carry passengers for hire on:

(A) public roads, streets, plazas, alleys, and highways within the corporate limits of a municipality under regulations prescribed by the municipality; and

(B) public roads and highways that are located outside the corporate limits of that municipality but within five miles of the corporate limits, under regulations prescribed by the commissioners court of the county.

(c) The substitution of motor buses or the discontinuance of a railway under this section does not impair any corporate power of a corporation incorporated before August 30, 1933, as a street or interurban railway with respect to the operation of other public utilities authorized by a corporate charter or statute in effect on August 30, 1933.

(d) A corporation acting under this section must amend its charter and pay any fee provided by law for the filing of the amendment. (V.A.C.S. Art. 6548 (part).)

Source Law

Art. 6548. Any corporation authorized to operate a street or suburban railway or interurban railway and to carry passengers for hire, is hereby authorized subject in every case to the approval and consent of the governing body of the city or town where said street, suburban or interurban railway company is operated to substitute for such railway automobile motor bus lines, in whole or in part, and to maintain and operate motor buses for the purpose of carrying passengers for hire on the public roads, streets, plazas, alleys, and highways within the corporate limits of any incorporated cities or towns, under such regulations as may be prescribed by any such cities or towns, and on the public roads and highways within five (5) miles of the corporate limits of any such incorporated cities or towns, under such regulations, in territory outside of city limits, as the Commissioners Court of the county may prescribe; and such substitution of motor buses for street cars and street or interurban railway and the discontinuance of such street or interurban railways shall not in any way impair any of the corporate powers of corporations heretofore incorporated as street or interurban railways with respect to the operation of other public utilities authorized by their charters and by statutes now in force.

Provided, however, companies taking advantage of this Act shall amend their charters and pay the fees provided by law for the filing of such amendments; and, provided that … .

Revisor's Note

(1) V.A.C.S. Article 6548, as amended in 1933, refers to corporations "heretofore" incorporated and to statutes "now in force." The revised law substitutes the effective date of the legislation amending Article 6548 for "heretofore" and "now in force" to clarify to the reader the time referred to in the article following the amendment.

(2) V.A.C.S. Article 6548, as amended in 1933, provided that "this Act" does not affect cases "now pending in the courts" or impair the right of a city under "any franchise it may heretofore have granted." Since the effective date of the 1933 amendment was August 30, 1933, the revised law omits these provisions as obsolete. The omitted law reads:

Art. 6548. … this Act shall not affect any case now pending in the courts; and, provided further that nothing herein contained shall be so construed as to impair the rights of any city under any franchise it may heretofore have granted to the corporation in question, or its predecessor.

Revised Law

Sec. 131.905. AERIAL OR OTHER TRAMWAY TO MINE. (a) This section applies only to a person, firm, corporation, limited partnership, joint stock association, or other association that owns, constructs, operates, or manages an aerial or other tramway in this state between a mine, smelter, or railway.

(b) An entity described by Subsection (a) may hold and acquire by purchase or condemnation right-of-way. In the exercise of this right, the entity:

(1) is considered to be a common carrier;

(2) is subject to the jurisdiction and control of the department; and

(3) may exercise the power of eminent domain under which the entity may enter and condemn land, right-of-way, easements, or property of any person or corporation necessary for the construction, maintenance, or operation of the entity's aerial or other tramway.

(c) The power of eminent domain under Subsection (b) is exercised in the manner provided by law for the condemnation of land and acquisition of right-of-way by a railroad company. (V.A.C.S. Art. 6550a1.)

Source Law

Art. 6550a1. Every person, firm, corporation, limited partnership, joint stock association or other association of any kind whatsoever, owning, constructing, operating or managing any aerial or other kind of tramway within this State between a mine, smelter or railway or either, may hold and acquire by purchase or condemnation rights-of-way, but in the exercise of such right shall be deemed to be a common carrier, and shall be subject to the jurisdiction and control of the Railroad Commission, and shall have the right and power of eminent domain in the exercise of which he, it or they may enter upon and condemn land, rights-of-way, easement and property of any person or corporation necessary for the construction, maintenance or operation of his, its, or their aerial or other kind of tramway; such right of eminent domain for acquiring rights-of-way provided for herein, shall be exercised in the manner prescribed by law for condemning of land and acquiring rights-of-way by railroad companies.

Revisor's Note

V.A.C.S. Article 6550a1 was enacted into law by the legislature but was not added to or made a part of Title 112, Revised Statutes, by legislative action. Definitions, penalties, and other references that are derived from Title 112 and that are generally applicable to "this subtitle" or "this chapter" should be examined carefully to determine whether they applied specifically to Article 6550a1 and, therefore, Section 131.905.

Revisor's Note

(End of Subchapter)

V.A.C.S. Article 6548a allows certain corporations that had abandoned operating street or interurban railways before January 1, 1934, to amend their charters to include as a separate purpose the acquiring, owning, and operating of motor vehicles and motor buses for the transportation of passengers for hire on certain public roads. The revised law omits this article as unnecessary because under Section 3.051, Business Organizations Code, a certificate of formation (a term that includes a corporate charter) can be amended at any time to include a provision that would be permitted at the time of the amendment if the amended certificate were a newly filed original certificate of formation. Under Section 2.001, Business Organizations Code, a domestic entity (a term that includes a corporation) may have any lawful purpose unless limited by the Business Organizations Code. No provision of that code limits the formation of a corporation to operate motor vehicles or motor buses for the transportation of passengers for hire. The omitted law reads:

Art. 6548a

Sec. 1. That private corporations heretofore incorporated for the purpose of operating street or interurban railways, which said private corporations have totally abandoned such operations prior to January 1, 1934, may amend their charters so as to include as a separate purpose of the corporation the acquiring, owning and operating of motor vehicles and motor buses for transportation of passengers for hire upon the public streets and public ways of cities and towns and upon the public ways of the adjacent unincorporated territory within five (5) miles from the limits of such cities and towns, provided however, this limit shall not be construed to prohibit any corporation conforming with this Act from contracting for chartered passenger service beyond said five (5) mile limit, under such reasonable regulations as may be legally imposed from time to time by such cities and towns within the limits thereof and the Commissioners' Courts of counties as now prescribed by Article 6548.

Sec. 2. If the boundary of one city or town is contiguous with the boundary or boundaries of another city or town, or other cities or towns, the authority granted under Section 1, hereof to operate within five (5) miles thereof, shall be construed to include any territory within five (5) miles of the limits of any such contiguous city or town.

Sec. 3. Nothing in this Act shall be construed to deprive the Railroad Commission of Texas, of its exclusive authority to continue the regulation of buses and motor vehicles operating under its jurisdiction; nor shall this Act relieve such operators of the requirement to secure certificates or permits from the Railroad Commission authorizing such operations.

Sec. 4. Provided before any such amendment may be filed with the Secretary of State the Officers and Directors of any corporation shall file an affidavit with the Secretary of State giving a detailed itemized statement of what money and property is held or owned by it and the actual cash market value of each such item of property.


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