By Cook, Turner of Coleman H.B. No. 1208
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the economic development of tourism through the
1-3 limitation of liability of passenger excursion trains.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) A person may apply to the comptroller for
1-6 certification as an operator of an excursion train. The
1-7 comptroller shall certify an applicant if the comptroller
1-8 determines that the applicant will operate a passenger train that:
1-9 (1) is primarily used for tourism or public service;
1-10 and
1-11 (2) leads to the promotion of the tourist industry in
1-12 Texas.
1-13 (b) The comptroller may not certify a person under
1-14 Subsection (a) of this section unless the person files with the
1-15 comptroller evidence of insurance providing coverage for liability
1-16 resulting from injury to persons or damages to property in the
1-17 amount of at least $5,000,000 for the operation of the train.
1-18 (c) The comptroller may not certify an applicant under
1-19 Subsection (a) of this section if the applicant or any person that
1-20 owns an interest in the applicant also owns or operates a regularly
1-21 scheduled passenger train service with interstate connections.
1-22 SECTION 2. (a) A person that is certified as an operator of
1-23 an excursion train under Section 1(a) of this Act and maintains
1-24 insurance in the minimum amount required under Section 1(b) of this
2-1 Act is not liable for injury or damages over $5,000,000 resulting
2-2 from a single occurrence.
2-3 (b) The limitation of liability under Subsection (a) of this
2-4 section applies to the person certified as an operator under
2-5 Section 1(a) of this Act, the owner of equipment used by the
2-6 excursion train, the owner of track used by the excursion train,
2-7 and the host carrier.
2-8 (c) The limitation of liability under Subsection (a) of this
2-9 section does not apply if:
2-10 (1) the injury or damages result from intentional,
2-11 malicious, or grossly negligent conduct; or
2-12 (2) at the time of the injury or damages the operator
2-13 of the excursion train:
2-14 (A) failed to maintain insurance as required
2-15 under Section 1(b) of this Act; or
2-16 (B) failed to comply with Section 5 of this Act.
2-17 SECTION 3. An application made under Section 1 of this Act
2-18 must include:
2-19 (1) the name and address of each person who owns an
2-20 interest of at least 10 percent in the applicant;
2-21 (2) an address in this state at which the excursion
2-22 train is based;
2-23 (3) an operations plan including the route to be used
2-24 and a schedule of operations and stops along the route; and
2-25 (4) evidence of insurance in an amount that meets the
2-26 requirements of Section 1(b) of this Act.
2-27 SECTION 4. The operator of an excursion train that is
3-1 certified under Section 1(a) of this Act shall:
3-2 (1) issue each passenger a ticket with the following
3-3 statement in 12-point boldface type: "THE OPERATOR OF THIS TRAIN
3-4 IS NOT LIABLE FOR PERSONAL INJURY OR WRONGFUL DEATH IN AN AMOUNT IN
3-5 EXCESS OF $5,000,000"; and
3-6 (2) post notice near a passenger boarding area
3-7 containing the same statement required in Subdivision (1) of this
3-8 section in letters that are at least two inches high.
3-9 SECTION 5. The operator of an excursion train that is
3-10 certified under Section 1(a) of this Act may not carry:
3-11 (1) freight other than the personal luggage of the
3-12 passengers or crew or supplies and equipment necessary to serve the
3-13 needs of the passengers and crew;
3-14 (2) passengers who are commuting to work; or
3-15 (3) passengers who are traveling to their final
3-16 destination solely for business or commercial purposes.
3-17 SECTION 6. This Act takes effect September 1, 1995.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.