By Marchant H.B. No. 2797 Substitute the following for H.B. No. 2797: By Alexander C.S.H.B. No. 2797 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the oversight of rail fixed guideway system safety. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 455, Transportation Code, is amended by 1-5 adding Section 455.005 to read as follows: 1-6 Sec. 455.005. RAIL FIXED GUIDEWAY MASS TRANSPORTATION SYSTEM 1-7 SAFETY OVERSIGHT. (a) The department shall: 1-8 (1) oversee safety and security practices of rail 1-9 fixed guideway mass transportation systems in compliance with 49 1-10 U.S.C. Section 5330; 1-11 (2) establish a safety program for each entity 1-12 operating a rail fixed guideway mass transportation system within 1-13 the state that provides: 1-14 (A) safety requirements that: 1-15 (i) at a minimum comply with the American 1-16 Public Transit Association's guidelines published in the "Manual 1-17 for the Development of Rail Transit System Safety Program Plan;" 1-18 and 1-19 (ii) include standards for the personal 1-20 security of passengers and employees of rail fixed guideway 1-21 systems; 1-22 (B) lines of authority; 1-23 (C) levels of responsibility and accountability; 1-24 and 2-1 (D) methods of documentation for the system; 2-2 (3) at least every three years conduct an on-site 2-3 safety review of each entity's system safety program plan and 2-4 prepare and issue a report containing findings and recommendations 2-5 resulting from that review that, at a minimum, include an analysis 2-6 of the efficacy of the system safety program plan and a 2-7 determination of whether it should be updated; 2-8 (4) review and approve the annual internal safety 2-9 audit conducted by an entity that operates a system; 2-10 (5) establish procedures for the investigation of 2-11 accidents and unacceptable hazardous conditions; 2-12 (6) investigate accidents and unacceptable hazardous 2-13 conditions at entities operating systems unless the National 2-14 Transportation Safety Board has investigated or will investigate an 2-15 accident; 2-16 (7) require, review, and approve any plan of an entity 2-17 operating a system to minimize, control, correct, or eliminate any 2-18 investigated accident or hazard; and 2-19 (8) submit reports or other information required by 2-20 the United States Department of Transportation. 2-21 (b) The department may use a contractor to act on its behalf 2-22 in carrying out the duties of the department under this section. 2-23 (c) The data collected and the report of any investigation 2-24 conducted by the department or a contractor acting on behalf of the 2-25 department: 2-26 (1) is confidential and subject to disclosure, 2-27 inspection, or copying under Chapter 552, Government Code; but 3-1 (2) may not be admitted in evidence or used for any 3-2 purpose in any action or proceeding arising out of any matter 3-3 referred to in an investigation except in an action or a proceeding 3-4 instituted by the state. 3-5 (d) Each entity operating a system shall: 3-6 (1) develop a system safety program plan that complies 3-7 with the department's safety program plan standards; 3-8 (2) conduct an annual internal safety audit and submit 3-9 the audit report to the department; 3-10 (3) report accidents and unacceptable hazardous 3-11 conditions to the department in writing or by electronic means 3-12 acceptable to the department; 3-13 (4) minimize, control, correct, or eliminate any 3-14 investigated unacceptable hazardous condition as required by the 3-15 department; and 3-16 (5) provide all necessary assistance to allow the 3-17 department to conduct appropriate on-site investigations of 3-18 accidents and unacceptable hazardous conditions. 3-19 (e) Any part of a system safety program plan that concerns 3-20 security for the system: 3-21 (1) is confidential and not subject to disclosure, 3-22 inspection, or copying under Chapter 552, Government Code; and 3-23 (2) may not be admitted in evidence or used for any 3-24 purpose in any action or proceeding arising out of any matter 3-25 referred to in an investigation except in an action or a proceeding 3-26 instituted by the state. 3-27 (f) The commission shall adopt rules to implement this 4-1 section. 4-2 (g) Notwithstanding any other provision of law to the 4-3 contrary, the commission, the department, or an officer, employee, 4-4 or agent of the commission or department is not liable for any act 4-5 or omission in the implementation of this section. 4-6 (h) In this section: 4-7 (1) "Accident" means: 4-8 (A) any event involving the revenue service 4-9 operation of a rail fixed guideway system as a result of which an 4-10 individual: 4-11 (i) dies; or 4-12 (ii) suffers bodily injury and immediately 4-13 receives medical treatment away from the scene of the event; or 4-14 (B) a collision, derailment, or fire that causes 4-15 property damage in excess of $100,000. 4-16 (2) "Commission" means the Texas Transportation 4-17 Commission. 4-18 (3) "Department" means the Texas Department of 4-19 Transportation. 4-20 (4) "Hazardous condition" means a condition that may 4-21 endanger human life or property, including an unacceptable 4-22 hazardous condition. 4-23 (5) "Investigation" means a process to determine the 4-24 probable cause of an accident or an unacceptable hazardous 4-25 condition. The term includes a review and approval of the transit 4-26 agency's determination of the probable cause of an accident or 4-27 unacceptable hazardous condition. 5-1 (6) "Rail fixed guideway mass transportation system" 5-2 or "system" means any light, heavy, or rapid rail system, monorail, 5-3 inclined plane, funicular, trolley, or automated guideway used for 5-4 mass transportation that is included in the United States 5-5 government's computation of fixed guideway route miles or receives 5-6 funding for urbanized areas under 49 U.S.C. Section 5336 and is not 5-7 regulated by the United States government. 5-8 (7) "Safety" means freedom from danger. 5-9 (8) "Security" means freedom from intentional danger. 5-10 (9) "Unacceptable hazardous condition" means a 5-11 hazardous condition determined to be unacceptable using the 5-12 American Public Transit Association's guidelines' hazard resolution 5-13 matrix. 5-14 SECTION 2. The importance of this legislation and the 5-15 crowded condition of the calendars in both houses create an 5-16 emergency and an imperative public necessity that the 5-17 constitutional rule requiring bills to be read on three separate 5-18 days in each house be suspended, and this rule is hereby suspended, 5-19 and that this Act take effect and be in force from and after its 5-20 passage, and it is so enacted.