The department must run a grant program for certain railroad grade separation projects, and the commission must approve each grant only if at least 10% of project costs comes from nonstate sources.
Sec. 471.010. GRANT PROGRAM FOR CERTAIN RAILROAD GRADE SEPARATION PROJECTS. (a) For the purpose of increasing public safety, enhancing economic development, and reducing traffic, the department shall establish and administer a program to award grants to political subdivisions of this state to fund: (1) rail-roadway grade separation projects that are located at intersections of railroads and public roadways that are not part of the state highway system; and (2) rail-pedestrian grade separation projects that are located at intersections of railroads and public pedestrian crossings. (b) Each grant awarded under this section must be approved by the commission. The commission may not approve a grant under this section unless the commission determines that at least 10 percent of the total project costs will be provided by a source other than the state. (c) The department may fund the grant program under this section only from money appropriated by the legislature for that purpose and from gifts and grants, including grants from the federal government. The department may solicit and accept gifts and grants from any source for the purposes of this section. Money deposited to the credit of the state highway fund may not be used to fund a grant awarded under this section. (d) A political subdivision that receives a grant under this section shall designate the department to manage contracting for, in accordance with Subchapter A, Chapter 223, and supervision of the planning and construction of a project for which the grant was awarded. A political subdivision shall enter into an agreement with the department prescribing the terms of a designation under this subsection in accordance with applicable state or federal law. The department, acting as the designee of a political subdivision under this section, shall make each contract in accordance with the law governing the making of contracts by or on behalf of the state. (e) The commission shall adopt rules as necessary to implement this section. Added by Acts 2025, 89th Leg., R.S., Ch. 154 (S.B. 1555), Sec. 1, eff. May 24, 2025.