TWT S.B. 735 75(R)BILL ANALYSIS TRANSPORTATION S.B. 735 By: West, Royce (Marchant) 5-1-97 Committee Report (Substituted) BACKGROUND The Intermodal Surface Transportation Efficiency Act of 1991 required the Federal Transit Administration (FTA) to issue regulations creating a state oversight program. Those rules were published in 1995 requiring states to oversee the safety of rail guideway systems. If a state has not met the requirements of the law or has not made adequate efforts to comply with them, the Secretary of Transportation may withhold up to five percent of a fiscal year's apportionment under FTA's formula program for urbanized areas attributable to the state or an affected urbanized area in the state. In Texas, the cities of Dallas (Dallas Area Rapid Transit) and Galveston (Brazos Transit System) have rail fixed guideway systems. In 1996, both the TXDOT and Gov. Bush wrote the FTA asking for an extension to implement the state safety oversight program for rail fixed guideway systems. Gov. Bush, who assigned the responsibility of rail safety oversight to the TXDOT, acknowledged to the FTA that state law does not grant TxDOT the authority to implement this federal regulation. The TXDOT estimates the potential loss of approximately $18,700 to Galveston annually, a loss of $1.2 million to Dallas and Galveston and/or a loss of $7.4 million to the state if legislation is not enacted granting TXDOT necessary legislative authority. PURPOSE To bring state law into compliance with the federal law requiring states to oversee the safety of rail fixed guideway mass transportation systems not regulated by the Federal Railroad Administration (FRA) and prevent possible withholding of federal funds from the state by the Federal Transit Administration (FTA). RULEMAKING AUTHORITY It is committee's opinion that this bill grants the Transportation Commission rulemaking authority in Section 1, Sec. 455.005 (f). SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 455, Transportation Code by adding Section 455.005. (a) The TXDOT is required to: (1) oversee safety and security practices of rail fixed guideway mass transportation systems that complies with federal law; (2) establish a safety program plan for Texas' rail fixed guideway mass transportation systems that provides: (A) safety requirements that: (i) comply with guidelines from the American Public Transit Association; and (ii) provide personal security for passengers and employees; (B) lines of authority; (C) levels of responsibility and accountability; and (D) methods of documentation for the system; (3) conduct on-site safety reviews at least every three years; (4) review and approve a system operator's annual internal safety audit. (5) establish procedures for investigating accidents and unacceptable hazardous conditions; (6) investigate accidents and hazardous conditions unless the National Transportation Safety Board has or will investigate them. (7) require, review and approve any operator's plan to minimize, control, correct, or eliminate any investigated accident or hazard; and (8) submit reports and information to the U.S. Dept. of Transportation. (b) Authorize the TXDOT to use a contractor to carry out its duties under this section; (c) Investigation data collected and the report are confidential and are subject to disclosure, inspection or copying under Chapter 552, Government Code; but may not be used as evidence in legal action arising out of any matter referred to an investigation, except for action by the state. (d) Requires each transit agency to develop a safety program plan which complies with the TXDOT's safety program plan, conduct internal safety audits, report accidents and unacceptable hazardous conditions, assist the TXDOT in conducting investigations. (e) Any system safety program plan concerning security for the system is exempt from Chapter 552, Government Code; and (f) Authorizes the Transportation Commission to adopt rules to implement this section. (g) Provide immunity for the commission, department, officers, employees and agents for the implementation of this section. (h) Creates definitions for: accident, commission, department, hazardous condition, investigation, rail fixed guideway mass transportation system (or system), safety, security and unacceptable hazardous condition. SECTION 2. Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. In Sec. 455.005 (c), the original made the data and report of an investigation confidential, but not subject to discovery and inadmissable as evidence in legal proceedings except for actions by the state. The substitute keeps the data and report confidential, but makes it subject to discovery. The substitute continues to make the information inadmissable. The original referred to "rail fixed guideway system". The substitute refers to the system as "rail fixed guideway mass transportation system". This was done to clarify that this Act applies only to public systems operated in the state.