(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.

Terms Used In Texas Transportation Code 91.102

  • 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

(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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