Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 7 - RAIL FACILITIES
Subchapter B - CONTRACTS
Section 7.13 - Contracts with Rail Operators and Leases
Current through Reg. 50, No. 13; March 28, 2025
(a) For any rail facility acquired or constructed by the department, the department may contract with a public or private entity to operate the facility or lease it.
(b) Except as provided in this section, the department will use a competitive process to select the operator or lessee. For the selection of a rail operator, the department will select the lowest responsible bidder that complies with the department's criteria. For the selection of a lessee, the department will select the bidder whose proposal offers the apparent best value to the department. The department will publish a notice in the Texas Register and in a newspaper of general circulation in the area in which the rail facility is located, requesting proposals to operate or to lease the facility. In evaluating proposals submitted in response to a request under this subsection, the department will select the bidder considering the:
(c) The department will rank all proposals submitted in response to a request under subsection (b) of this section using the criteria set out in the request for proposals. The criteria will, at a minimum, include the factors listed in subsection (b) of this section. The department will negotiate an agreement with the highest ranked proposer.
(d) If an agreement satisfactory to the department cannot be negotiated with the proposer, the department will formally end negotiations with that proposer. The department may reject all proposals or proceed to the next highest ranked proposal and attempt to negotiate an agreement with that proposer.
(e) The executive director will submit to the commission a summary of the final terms of the agreement. The commission may authorize the executive director to execute the agreement if it finds that the agreement is in the best interest of the state and furthers state, regional, and local transportation plans, programs, policies, and goals.
(f) The department may enter into the following contracts without engaging in a competitive process: