By Cook, Turner of Coleman                            H.B. No. 1208
       74R4570 DRH-D
                                 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        SECTION 2.  (a)  A person that is certified as an operator of
   1-19  an excursion train under Section 1(a) of this Act and maintains
   1-20  insurance in the minimum amount required under Section 1(b) of this
   1-21  Act is not liable for injury or damages over $5,000,000 resulting
   1-22  from a single occurrence.
   1-23        (b)  The limitation of liability under Subsection (a) of this
   1-24  section applies to the person certified as an operator under
    2-1  Section 1(a) of this Act, the owner of equipment used by the
    2-2  excursion train, the owner of track used by the excursion train,
    2-3  and the host carrier.
    2-4        SECTION 3.  This Act takes effect September 1, 1995.
    2-5        SECTION 4.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.