Tex. Transp. Code § 91.093 · Subchapter E. ACQUISITION AND DISPOSAL OF PROPERTY
RIGHT OF ENTRY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To acquire property necessary or convenient for a rail facility, the department may enter any premises or real property, including a body of water, to make a survey, geotechnical evaluation, sounding, or examination.
(b) An entry under Subsection (a) or (d) is not:
(1) a trespass; or
(2) an entry under a pending condemnation procedure.
(c) The department shall make reimbursements for actual damages that result from an entry under Subsection (a) or (d).
(d) To ensure the safety and convenience of the public, the department shall, when entering any real property, water, or premises on which is located a public utility facility:
(1) comply with applicable industry standard safety codes and practices; and
(2) notwithstanding Subsection (a), give the owner or operator of the public utility facility not less than 10 days' notice before entering the real property, water, or premises.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.91.htm
- Text hash
- sha256 c262f8f129c4ce4cedc2153f113d46030000eeaf66b4ead0eeaf129fc9573fba
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.