Article X of the Texas Constitution

Article X of the Texas Constitution of 1876 covers railroad companies and the creation of the Railroad Commission of Texas. The federal government later created the Interstate Commerce Commission to regulate railroads, and eight of the nine sections (all but section 2) of Article X were repealed in 1969 as "deadwood".

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 Section 2 is the only one to be successfully amended, and the only one that was not repealed in 1969 (notwithstanding that the Surface Transportation Board has jurisdiction over all common-carrier railroads in the USA, even those physically located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 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.

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