The Texas Department of Transportation (department) adopts 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. The repeals of §§15.140-15.145 and §§15.150-15.155 are adopted without changes to the proposed text as published in the October 14, 2005, issue of the Texas Register (30 TexReg 6688) and will not be republished.

EXPLANATION OF ADOPTED 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 Existing rules in Chapter 15, Transportation Planning and Programming, concerning rail are being repealed and simultaneously adopted in the new rail facilities chapter.

COMMENTS

No comments on the proposed repeals were received.

STATUTORY AUTHORITY

The repeals are adopted 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).