The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Abandoned rail facilities--Rail facilities for which:

   1. (A) a notice of intent to abandon or discontinue service has been filed with the Surface Transportation Board under 49 C.F.R. §1152.20;
   2. (B) an application for abandonment or discontinuance of service has been filed with the Surface Transportation Board under 49 C.F.R. Part 1152; or
   3. (C) abandonment or discontinuance of service has been authorized by the Surface Transportation Board.
2. (2) Commission--The Texas Transportation Commission.
3. (3) Department--The Texas Department of Transportation.
4. (4) Director--The director of the department's Transportation Planning and Programming Division.
5. (5) District--A rural rail transportation district created under Texas Civil Statutes, Article 6550c.
6. (6) Executive Director--The executive director of the department or the executive director's designee not below the level of division director.
7. (7) Federal application--An application for abandonment of a rail line filed with the Surface Transportation Board under 49 C.F.R. Part 1152, Subpart C.
8. (8) Notice--The notice of intent to file an abandonment application described in 49 C.F.R. §1152.20.
9. (9) Public entity--A governmental entity, including a political subdivision of this state, that is authorized by law to operate rail facilities.
10. (10) Rail facility--Real or personal property, or any interest in that property, that is determined to be necessary or convenient for the provision of a freight or passenger rail facility or system, including commuter rail, intercity rail, and high-speed rail.
11. (11) Service performed on the rail line--The number of trains operated on the line and their frequency, and the total tonnage and carloads on the line.
12. (12) State funds--Funds provided by this state or an agency of this state for the purpose of acquiring or operating a rail line.

Source Note:The provisions of this §7.10 adopted to be effective January 5, 2006, 30 TexReg 8991.