1. (a) The philosophy of the State of Texas and the purpose of the United States Congress enunciated in the Railroad Revitalization and Regulatory Reform Act of 1976, as amended ("4R" Act) are similar: to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy.

2. (b) The State of Texas is dedicated to the proposition that the role of its rail system is of vital importance to the economic and social life of its citizens. Therefore, the economic strength, social responsiveness, and operational efficiency of the Texas rail system must be enhanced.

   1. (1) In order to bring the rail carriers of the Texas rail system into an equitable competitive posture with other transportation modes, a fair and just regulatory climate will be maintained.
   2. (2) The social responsiveness of the Texas rail system can be enhanced by a renewed sensitivity to the implications of changes in economic, social, and environmental conditions in all communities, urban and rural, throughout the state.
   3. (3) The operational efficiencies and productivity of the Texas rail system can be enhanced by a variety of measures to upgrade the physical plant, conserve energy, improve service, and ensure the safe movement of goods.
3. (c) In designating the Railroad Commission of Texas as the agency responsible for the Texas Rail Plan, the state recognizes the necessity for developing in-house planning staff capabilities in an organization whose responsibilities have heretofore been primarily regulatory. The state views the addition of a broad rail planning capability to the Commission as a valuable asset to assist the Commission in arriving at various regulatory judgments within the context of its long-range system development goals.
4. (d) The State of Texas recognizes the full potential of its rail system cannot be realized immediately. It cannot be realized without the cooperation of the railroad and participation of a diversity of economic, social, and environmental interest groups in the public and private sectors. It cannot be realized in a climate which stifles enterprise, innovation, and imaginative new approaches to old problems. It cannot be realized without thoughtful, advanced planning.
5. (e) The State of Texas subscribes to the principles, standards, and procedures for initiating the planning process and legislative intent which is the rationale of the "4R" Act.

Source Note:The provisions of this §5.101 adopted to be effective November 26, 2001, 26 TexReg 9588.