Tex. Transp. Code § 91.092
Property necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities includes an interest in real property or a property right the commission determines is necessary or convenient to provide:
(1) right-of-way for a location for:
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.