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 * * * * *