Texas Code § 91.102

CONTRACTS WITH RAIL OPERATORS
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Sec. 91.102. CONTRACTS WITH RAIL OPERATORS. (a) The department may lease all or part of a rail facility or system to a rail operator. The department may contract with a rail operator for the use or operation of all or part of a rail facility or system.
(b) The department shall encourage to the maximum extent practical the participation of private enterprise in the operation of rail facilities and systems.
(c) A lease agreement shall provide for the department's monitoring of a rail operator's service and performance.
(d) The department may enter into an agreement with a rail operator to sell all or any part of state-owned rail facilities on terms the department considers to be in the best interest of the state.

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