Tex. Transportation Code § 199.002
This is the official text of Tex. Transportation Code § 199.002, part of Texas’s Transportation Code — governs vehicles, drivers, and roadways.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 199.002. RAILROAD FUNCTIONS AS PUBLIC AND GOVERNMENTAL FUNCTIONS.
Official statutory text
(a) In this section:
(1) "Railroad" means an enterprise created and operated to carry passengers, freight, or both on a fixed track. The term includes all real estate and interests in real estate, equipment, machinery, materials, structures, buildings, stations, facilities, and other improvements that are necessary to, or for the benefit of, the enterprise.
(2) "Municipality" means a home-rule municipality.
(b) The planning, acquisition, establishment, development, construction, enlarging, improvement, maintenance, equipping, operation, regulation, protection, policing, leasing, and alienation of a railroad or railroad facility by a municipality or other public agency, separately or jointly exercised:
(1) are declared to be public and governmental functions that are exercised for a public purpose and matters of public necessity; and
(2) in the case of a municipality, are declared to be municipal functions and purposes as well as public and governmental.
(c) All land and other property and privileges acquired and used by or on behalf of a municipality or other public agency for railroad purposes:
(1) are declared to be acquired for public and governmental purposes and as a matter of public necessity; and
(2) in the case of a municipality, are declared to be acquired for a municipal purpose.
(d) This section does not confer or convey governmental immunity or any other limitation of liability to any entity that is not a governmental entity, governmental authority, or public agency, or a subdivision of a governmental entity, governmental authority, or public agency.
(1) "Railroad" means an enterprise created and operated to carry passengers, freight, or both on a fixed track. The term includes all real estate and interests in real estate, equipment, machinery, materials, structures, buildings, stations, facilities, and other improvements that are necessary to, or for the benefit of, the enterprise.
(2) "Municipality" means a home-rule municipality.
(b) The planning, acquisition, establishment, development, construction, enlarging, improvement, maintenance, equipping, operation, regulation, protection, policing, leasing, and alienation of a railroad or railroad facility by a municipality or other public agency, separately or jointly exercised:
(1) are declared to be public and governmental functions that are exercised for a public purpose and matters of public necessity; and
(2) in the case of a municipality, are declared to be municipal functions and purposes as well as public and governmental.
(c) All land and other property and privileges acquired and used by or on behalf of a municipality or other public agency for railroad purposes:
(1) are declared to be acquired for public and governmental purposes and as a matter of public necessity; and
(2) in the case of a municipality, are declared to be acquired for a municipal purpose.
(d) This section does not confer or convey governmental immunity or any other limitation of liability to any entity that is not a governmental entity, governmental authority, or public agency, or a subdivision of a governmental entity, governmental authority, or public agency.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.