Sections
Section 1 gave companies the right to build railroads in Texas and to connect with others at the state line, and the responsibility to act as a common carrier, transporting passengers and freight "without delay or discrimination".
Section 2 expands on the common-carrier provisions of section 1, and charges the legislature with passing laws to enforce this. It was amended in 1890 to allow the legislature to delegate this responsibility to an agency, leading to the creation of the Railroad Commission of Texas in 1891. Section 2 is the only one to be successfully amended, and the only one that was not repealed in 1969 (notwithstanding that the Surface Transportation Board has jurisdiction over all common-carrier railroads in the USA, even those physically located within only one state, and that the section has little force of law).
Section 3 required every railroad operating in Texas to maintain an office in the state.
Section 4 classified rolling stock as personal property.
Section 5 prohibited the consolidation or common control of parallel railroads for anti-competitive purposes. The Southern Pacific Company was required to give up control of the San Antonio and Aransas Pass Railway due to this section.
Section 6 prohibited the consolidation of railroads organized in Texas with those organized outside the state.
Section 7 required the consent of local authorities before a street railway can be chartered.
Section 8 required pre-existing railroad companies to accept Article X in order to benefit from future legislation.
Section 9 required any railroad that passes within 3 miles (4.8 km) of a county seat to pass through that seat if the citizens donated the right-of-way and land for a depot, unless topography prevented such a routing.
Read more about this topic: Article X Of The Texas Constitution
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