1-1 By: Cook, Turner of Coleman H.B. No. 1208 1-2 (Senate Sponsor - Sibley) 1-3 (In the Senate - Received from the House April 24, 1995; 1-4 April 25, 1995, read first time and referred to Committee on 1-5 Economic Development; May 18, 1995, reported favorably by the 1-6 following vote: Yeas 7, Nays 0; May 18, 1995, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the economic development of tourism through the 1-10 limitation of liability of passenger excursion trains. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. (a) A person may apply to the comptroller for 1-13 certification as an operator of an excursion train. The 1-14 comptroller shall certify an applicant if the comptroller 1-15 determines that the applicant will operate a passenger train that: 1-16 (1) is primarily used for tourism or public service; 1-17 and 1-18 (2) leads to the promotion of the tourist industry in 1-19 Texas. 1-20 (b) The comptroller may not certify a person under 1-21 Subsection (a) of this section unless the person files with the 1-22 comptroller evidence of insurance providing coverage for liability 1-23 resulting from injury to persons or damages to property in the 1-24 amount of at least $5,000,000 for the operation of the train. 1-25 (c) The comptroller may not certify an applicant under 1-26 Subsection (a) of this section if the applicant or any person that 1-27 owns an interest in the applicant also owns or operates a regularly 1-28 scheduled passenger train service with interstate connections. 1-29 SECTION 2. (a) A person that is certified as an operator of 1-30 an excursion train under Section 1(a) of this Act and maintains 1-31 insurance in the minimum amount required under Section 1(b) of this 1-32 Act is not liable for injury or damages over $5,000,000 resulting 1-33 from a single occurrence. 1-34 (b) The limitation of liability under Subsection (a) of this 1-35 section applies to the person certified as an operator under 1-36 Section 1(a) of this Act, the owner of equipment used by the 1-37 excursion train, the owner of track used by the excursion train, 1-38 and the host carrier. 1-39 (c) The limitation of liability under Subsection (a) of this 1-40 section does not apply if: 1-41 (1) the injury or damages result from intentional, 1-42 malicious, or grossly negligent conduct; or 1-43 (2) at the time of the injury or damages the operator 1-44 of the excursion train: 1-45 (A) failed to maintain insurance as required 1-46 under Section 1(b) of this Act; or 1-47 (B) failed to comply with Section 5 of this Act. 1-48 SECTION 3. An application made under Section 1 of this Act 1-49 must include: 1-50 (1) the name and address of each person who owns an 1-51 interest of at least 10 percent in the applicant; 1-52 (2) an address in this state at which the excursion 1-53 train is based; 1-54 (3) an operations plan including the route to be used 1-55 and a schedule of operations and stops along the route; and 1-56 (4) evidence of insurance in an amount that meets the 1-57 requirements of Section 1(b) of this Act. 1-58 SECTION 4. The operator of an excursion train that is 1-59 certified under Section 1(a) of this Act shall: 1-60 (1) issue each passenger a ticket with the following 1-61 statement in 12-point boldface type: "THE OPERATOR OF THIS TRAIN 1-62 IS NOT LIABLE FOR PERSONAL INJURY OR WRONGFUL DEATH IN AN AMOUNT IN 1-63 EXCESS OF $5,000,000"; and 1-64 (2) post notice near a passenger boarding area 1-65 containing the same statement required in Subdivision (1) of this 1-66 section in letters that are at least two inches high. 1-67 SECTION 5. The operator of an excursion train that is 1-68 certified under Section 1(a) of this Act may not carry: 2-1 (1) freight other than the personal luggage of the 2-2 passengers or crew or supplies and equipment necessary to serve the 2-3 needs of the passengers and crew; 2-4 (2) passengers who are commuting to work; or 2-5 (3) passengers who are traveling to their final 2-6 destination solely for business or commercial purposes. 2-7 SECTION 6. This Act takes effect September 1, 1995. 2-8 SECTION 7. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended. 2-13 * * * * *