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.