The Texas Department of Transportation (department) proposes the repeal of Chapter 15, Subchapter L, §§15.140 - 15.145, concerning Abandonment of Rail Line by Rural Rail Transportation District and Chapter 15, Subchapter M, §§15.150 - 15.155, concerning Rail Facilities.

EXPLANATION OF PROPOSED REPEALS

House Bill 3588, 78th Legislature, Regular Session, 2003, and House Bill 2702, 79th Legislature, Regular Session, 2005, broadened the department's responsibilities concerning rail facilities. The enactment of these bills requires the adoption of new rules concerning rail facilities. Due to the growing department responsibilities in this area and the growing number of administrative rules the department will be required to promulgate, the department is creating a new Chapter in Title 43 of the Texas Administrative Code entitled Rail Facilities. Existing rules in Chapter 15, Transportation Planning and Programming, concerning rail are being repealed and simultaneously adopted in the new rail facilities chapter.

FISCAL NOTE

James Bass, Chief Financial Officer, has determined that for each of the first five years the repeals as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the repeals. There are no anticipated economic costs for persons required to comply with the repeals.

James Randall, P.E., Director, Transportation Planning and Programming Division, has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the repeals.

PUBLIC BENEFIT

Mr. Randall has also determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of enforcing or administering the repeals will be the consolidation of rules concerning rail facilities. There will be no adverse economic effect on small businesses.

SUBMITTAL OF COMMENTS

Written comments on the proposed repeals may be submitted to James Randall, P.E., Director, Transportation Planning and Programming Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on November 14, 2005.

STATUTORY AUTHORITY

The repeals are proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department.

CROSS REFERENCE TO STATUTE

Texas Civil Statutes, Article 6550c, §5(r).