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.