SECTION 7.39. Right to Inspect

(a) Railroad property. Authorized personnel of the department shall have the right to enter onto the property of any railroad operating within the state of Texas, for the purpose of conducting inspections, investigations, and surveillance of railroad tracks, facilities, equipment, records, and operations in order to determine the railroad's compliance with relevant safety requirements. Any inspection, investigation, or surveillance shall be conducted at a reasonable time and in a reasonable manner.

(b) Hazardous materials. In accordance with Transportation Code, §111.102, authorized personnel of the department have the right to inspect facilities, equipment, records, and operations relating to the packaging, loading, unloading, or transportation of hazardous materials by railroad.

Source Note: The provisions of this §7.39 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690