VERNON'S TEXAS CIVIL STATUTES
CHAPTER 7. OTHER RIGHTS OF RAILROAD CORPORATIONS
Art. 6341. [6535-6-7-8-41-43] Some rights
Railroad corporations shall have the following other rights:
1. To have succession, and in their corporate name may sue and be
sued, plead and be impleaded.
2. To have and use a seal, which it may alter at pleasure.
3. To receive and convey persons and property on its railway by the
power and force of steam, or by any mechanical power.
4. To regulate the time and manner in which passengers and property
shall be transported, and the compensation to be paid therefor,
subject to the provisions of law.
5. Of eminent domain for the purposes prescribed in this title.
6. To purchase, hold and use all such real estate and other property
as may be necessary for the construction and use of its railway,
stations and other accommodations necessary to accomplish the
objects of its incorporation, and to convey the same when no longer
required for the use of such railway.
7. To take, hold and use such voluntary grants of real estate and
other property as shall be made to it in aid of the construction and
use of its railway, and to convey the same when no longer required
for the uses of such railway, in any manner not incompatible with
the terms of the original grant.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6342. [6539] [4480] Shall alienate lands, etc.
All lands acquired by railroad companies under the provisions of
this chapter, or any general laws, shall be alienated by said
companies, one-half in six years and one-half in twelve years, from
the issuance of patents to the same, and all lands so acquired by
railroad companies, and not alienated as herein required, shall be
forfeited to the State and become a part of the public domain and
liable to location and survey as other unappropriated lands. All
lands purchased by or donated to a railroad corporation, except
such as are used for depot purposes, reservation for the
establishment of machine shops, turnouts and switches, shall be
alienated and disposed of by said company in the same manner and
time as is required when lands have been received from the State.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6343. [6540] [4481] [4214] Apply to all companies
The two preceding articles shall apply to such corporations as are
prohibited by their acts of incorporation from purchasing or
receiving donations of land, as well as those corporations that are
not so prohibited.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6344. [6542] [4483] [4216] Right to erect buildings, etc.
Such corporation shall have the right to erect and maintain all
necessary and convenient buildings and stations, fixtures and
machinery for the accommodation and use of passengers, freights and
business interests, or which may be necessary for the construction
or operation of its railway; but no railway company shall have the
power, either by its own employes or other persons, to construct any
buildings along the line of their railroad to be occupied by their
employes or others except at their respective depot stations and
section houses, and at such places shall construct only such
buildings as may be necessary for the transaction of their
legitimate business operations, and for shelter of their employes,
nor shall they use, occupy or cultivate any part of the right of way
over which their respective roads may pass, with the exception
aforesaid, for any other purpose than the construction and keeping
in repair their respective railways.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6345. [6544] [4486] [4219] Right to borrow money, issue bonds,
etc.
Such corporation shall have the right, from time to time, to borrow
such sums of money as may be necessary for constructing,
completing, improving or operating its railway, and to issue and
dispose of its bonds for any amount so borrowed, and to mortgage its
corporate property and franchise to secure the payment of any debt
contracted by such corporation for the purposes aforesaid, subject,
however, to other provisions of law.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6346. [6645-6] Mortgage by resolution
No mortgage by such corporation shall be valid, unless authorized
by a resolution adopted by a vote of two-thirds of all the stock of
such company, after notice in the manner provided in this title for
increasing the capital stock of such corporation. When any such
resolution has been so adopted it shall be recorded in the office of
the Secretary of State, and no such resolution shall take effect
until so recorded.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6347. [6547] [4489] [4222] May pay bonds with stock
The directors shall be empowered, in pursuance of any such
resolution, to confer on any holder of any bond for money so
borrowed as aforesaid, the right to convert the principal of such
bond into the stock of such corporation at any time not exceeding
ten years after the date of such bond, under such regulations as the
by-laws of such corporation may provide.
Acts 1876, p. 142; G.L. vol. p. 978.
Art. 6348. [6548] [4490] Terminus on coast destroyed
Any railway company in this State having a terminus on the coast,
the said terminus being a county site, and the same having been
destroyed by storms and cyclones, and when said county site has been
removed back from the coast near the line of said railway, it shall
be lawful for said railway to remove and take up its track from its
original terminus on the coast to a point opposite or near said new
county site; provided, said railway company make its terminus at
and build its road to said new county site.
Acts 1887, p. 6; G.L. vol. 9, p. 804.
Art. 6349. Abandonment, change, or relocation of line
When any railroad in this State whether incorporated under State or
Federal charter desires to abandon, change or relocate any portion
of its line of railroad within this State adjacent to but not within
an incorporated city of fifty thousand or more inhabitants
according to the preceding Federal census, it shall present a
petition therefor to the Railroad Commission of Texas showing that
portion of its line sought to be changed, relocated or abandoned and
the situation of the new relocated line, with the reasons
justifying the same; thereupon said Commission shall set down said
application for hearing and give public notice thereof of not less
than ten days in the locality where such change is desired by
publishing notice in a newspaper of general circulation published
nearest thereto, setting out substantially what such contemplated
change may be; and if after such hearing said Commission shall be
of the opinion that it is to the public interest to permit such
change, relocation or abandonment of said line, it shall enter its
order approving same and thereupon said railroad corporation or
receivers of any railroad shall be empowered to make such change,
relocation or abandonment; provided that nothing contained herein
shall be construed to authorize said Commission to permit any
railroad corporation or receivers of any railroad to abandon such
substantial part of its line as shall amount to impairment of its
charter contract or deprive any city or town of railroad
facilities. Provided, said Commission shall not exercise the power
herein granted unless and until said railroad corporation or
receivers of any railroad shall have obtained the permission of the
commissioners court of the county for such change, relocation or
abandonment, which permission shall be evidenced by the duly
authenticated order of such court which shall accompany the
petition of such railroad corporation or receivers of any railroad
to said Commission.
Acts 4th C.S. 1918, p. 45.
Art. 6350. Change in city
When any railroad corporation or receiver of any railroad in the
State desires to change, relocate or abandon any part of its line
within any city containing fifty thousand or more inhabitants,
according to the preceding Federal census, it shall present its
petition therefor to the governing body of such city, said petition
to be also supported by the names of not less than five hundred
resident citizens who shall be property owners in said city,
showing the reasons therefor, the part of the line sought to be
changed, relocated or abandoned, and the new location or
arrangements proposed for operation; whereupon such governing body
if of the opinion that the same is for the public interest, shall
enter its order permitting such change, relocation or abandonment
of said line. Thereupon the said railroad corporation or receivers
of any railroad shall present its petition to the Railroad
Commission of Texas praying for authority to make such change,
relocation or abandonment, with a description of that portion of
its lines; providing that no change shall be made that will
seriously affect the charter obligations of any railroad company
sought to be changed, relocated or abandoned, together with a
description of the changed or relocated line, or arrangement for
the new operation, which petition shall be accompanied by the order
of the governing legislative authority of the city as aforesaid
approving same; whereupon said Commission shall set down such
application for public hearing upon not less than ten days' notice,
and if upon such hearing said Commission shall be of the opinion
that the public interest will be conserved by the granting of such
petition, it shall enter its order to that effect and thereupon such
railroad corporation or receivers of any railroad shall have full
power to make such change, relocation or abandonment of its line.
No application to alter, change or relocate railway tracks, as
contemplated by this article, shall be acted upon by the governing
body of such city until thirty days after the petition of citizens
provided for herein shall have been filed with said body and
publication thereof has been made for two consecutive weeks in a
newspaper of general circulation within the limits of said city,
prior to action had thereon.
Acts 4th C.S. 1918, p. 45.
Art. 6351. Eminent domain
When any railroad corporation or receivers of any railroad shall
have been empowered under the provisions of this law to change,
relocate or abandon its line of railroad in this State, it shall
have full power to acquire by condemnation or otherwise all lands
for right of way, depot grounds, shops, roundhouses, water supply
sites, sidings, switches, spurs or any other lawful purposes
connected with or necessary to the building, operating or running
of its road as changed, relocated or abandoned; provided, however,
that all property so acquired is hereby declared to be for and is
charged with public use so far as the same may be necessary.
Acts 4th C.S. 1918, p. 45.
Art. 6352. Certain changes validated
All changes, relocations and abandonments of parts of their lines
by railroad corporations or receivers of any railroad in or
adjacent to any city having a population according to the preceding
Federal census of fifty thousand inhabitants or over, heretofore
made with the permission of the Railroad Commission of Texas or
authorized by its written order, are hereby validated and made
legal as fully as if made hereunder, and such permission or written
order of the said Commission, given prior hereto, shall be full
power and authority to a railroad corporation or receivers of any
railroad to make such change, relocation or abandonment of parts of
its line; providing that this law shall not affect any right or
rights for damages that any person, firm or corporation may have, or
may have had or shall have for damages caused by any such removal,
change or abandonment.
Acts 4th C.S. 1918, p. 45.
Art. 6353. Hearing of application
Whenever the governing body of any city containing fifty thousand
inhabitants or more shall present to the Railroad Commission of
this State its application for any change or relocation of any
tracks of any railroad corporation or receivers of any railroad in
such way as to better serve the public interest, said Commission
shall set down such application for a hearing after giving ten days
notice to such railroad corporation or receivers of any railroad,
whose tracks are sought to be changed or relocated and after such a
hearing may make its order directing such change or relocation if in
the opinion of said Commission such change or relocation would be to
the best interest of all parties concerned. No application to
alter, change or relocate railway tracks, as contemplated by this
article shall be determined upon by said governing body until
thirty days after publication of the proposed change or relocation
of said railway tracks shall have been made in the official
newspaper of said city.
Acts 4th C.S. 1918, p. 45.
