Texas Transportation Code - TRANSP § 91.106. Operations During Certain Emergencies

(a) In this section, “director” means the executive director of the department.

(b) The director may issue an order authorizing the department to lease rolling stock and to contract with a qualified person or rail operator to operate rolling stock if:

(c) An order issued under Subsection (b) takes effect according to the order's terms, but the order may not take effect until reasonable notice is given:

(d) An order issued under Subsection (b) must expire not later than the 30th day after the date the order is issued.

(e) The director may amend, modify, or rescind an order issued under Subsection (b) while the order is effective.

(f) The director may issue one or more successive orders as necessary to protect health, life, or property in the affected area. Each successive order must expire not later than the 30th day after the date the successive order is issued.

(g) The department may not use department employees to operate rolling stock.

(h) The department may enter into a contract authorized by an order issued under Subsection (b) for a period not to exceed 90 days without using competitive bidding procedures otherwise required by law if the department attempts to negotiate with at least three qualified persons during the contracting process.

(i) Immediately after the department enters into a contract under this section, the department shall send a copy of the contract to the Legislative Budget Board. On request of the Legislative Budget Board, the department may send the copy in an electronic format.

(j) The department may use any available funds to implement this section, including:

(k) The department shall attempt to recover any state funds used by the department to implement this section.