A county is eligible to create a district as provided by this chapter only if a rail line is located in the county that:

1. (1) is being or has been abandoned through a bankruptcy court or Surface Transportation Board proceeding; or
2. (2) carries three million gross tons per mile per year or less.

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.