(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.

Terms Used In Texas Transportation Code 91.093

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(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.

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