Texas Transportation Code 172.208 – Operation or Use Contracts
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(a) A district may:
(1) lease all or part of the rail facilities to any operator; or
(2) contract for the use or operation of all or part of the rail facilities by any operator.
(b) To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of rail facilities.
Terms Used In Texas Transportation Code 172.208
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The term of an operating contract under this section may not exceed 20 years. In this subsection, “operating contract” means a professional services contract executed by a district and another person under which the person agrees to provide all or part of the:
(1) rolling stock required for operation as a common carrier over all or a part of the rail facilities of the district; and
(2) personnel required for the operation of the rolling stock owned or leased by the district or for the operation of the rail facilities of the district.