55. • Late ItemTravis County (Travis County)

Consider and take appropriate action regarding Travis County’s Notice of Intent to Participate in a proceeding before the Surface Transportation Board, Finance Docket No. 36873, related to a merger between Union Pacific and Norfolk Southern railroads and potential effects on freight and passenger rail service, regional transportation infrastructure, mobility, economic development, and communities

Presented in: Travis County Commissioners Court Voting Session on 2026-09-29

Staff Report & Agenda Item Details

Union Pacific and Norfolk Southern are currently seeking approval from the federal Surface Transportation Board, or STB, for a proposed merger of the two railroads. The STB is the federal agency responsible for reviewing major railroad mergers and determining whether a proposed transaction is consistent with the public interest. As part of that proceeding, the STB has established a process for interested governments, organizations, businesses, and other stakeholders to become formal participants. A Notice of Intent to Participate, or NOIP, is a short procedural filing that allows Travis County to become what the STB calls a “Party of Record.” Filing an NOIP does not mean that Travis County is taking a position for or against the proposed merger. It simply preserves the County's ability to participate in the proceeding, receive filings submitted by the other parties, and provide comments or recommendations to the STB as the review moves forward. I am asking the Court to authorize Travis County to file a NOIP because this transaction could have implications for transportation and rail infrastructure in Central Texas. Union Pacific has a significant presence in our region, and Travis County and our regional partners are actively studying opportunities to expand passenger rail between Austin and San Antonio. Becoming a Party of Record ensures that the County has a seat at the table as the STB evaluates the merger. It also preserves our ability to raise issues important to Travis County and the region, such as freight operations, regional mobility, infrastructure, and future passenger rail opportunities, without committing the Court today to any particular position on the merger. The deadline to file the Notice of Intent to Participate is September 30, 2026. If authorized, the County would file the notice in Surface Transportation Board Finance Docket No. 36873 and would then be able to participate in the proceeding as it moves forward.