SRC-MAX S.B. 735 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 735
By: West
State Affairs
3-10-97
As Filed


DIGEST 

Currently, the Texas Department of Transportation (department) does not
have the authority to implement federal regulation creating a state
oversight program required by the Intermodal Surface Transportation
Efficiency Act of 1991 (PL 102-240).   The Federal Transit Administration
(FTA) is the federal entity which is required to issue regulations
creating a state oversight program.  On December 27, 1995, the FTA
published its final rule, which requires states to oversee the safety of
rail fixed guideway systems.  S.B. 735 provides for the oversight of rail
fixed guideway system safety. 

PURPOSE

As proposed, S.B. 735 provides for the oversight of rail fixed guideway
system safety. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Transportation
in SECTION 1 (Sec. 455.005(i), Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 455, Transportation Code, by adding Section
455.005, as follows: 

Sec.  455.005.  RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT.  (a)  Defines
"accident," "department," "hazardous condition," "investigation," "rail
fixed guideway system," "safety," "security," "transit agency," and
"unacceptable hazardous condition."    

(b)  Requires the Texas Department of Transportation (department) to be
responsible for the oversight of safety and security practices of rail
fixed guideway systems in compliance with 49 U.S.C. Section 5330.
Requires the department to establish a safety program plan standard for
each transit agency operating a rail fixed guideway system within the
state which provides certain elements. 

(c)  Requires the department to conduct an on-site safety review of each
transit agency's system safety program plan, prepare and issue a report
containing certain information, and review and approve the annual internal
safety audit conducted by a transit agency.   

(d) Requires the department to perform certain other functions with
respect to the investigation of accidents and unacceptable hazardous
conditions.   

(e)  Authorizes the department to use a contractor to act on its behalf in
carrying out the duties of the department under this section.   

(f)  Provides that the data collected and the report of any investigation
conducted by the department or a contractor acting on behalf of the
department is not subject to disclosure, inspection, or copying under
Chapter 552, Government Code and is prohibited from being admitted in
evidence or used for certain other purposes.   

(g)  Requires each transit agency to perform certain duties regarding
safety issues.   
 
(h)  Provides that any part of a transit agency's system safety program
plan that concerns security for the system is confidential is subject to
certain other provisions.  

(i)  Requires TxDOT to adopt rules to implement this section. 

(j) Provides that the commission, the department, and their officers,
employees, and agents shall not be liable for any act or omission in the
implementation of this section. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.