By Marchant H.B. No. 2797
75R7746 DWS-F
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 SYSTEM SAFETY OVERSIGHT.
1-7 (a) The department shall:
1-8 (1) oversee safety and security practices of rail
1-9 fixed guideway systems in compliance with 49 U.S.C. Section 5330;
1-10 (2) establish a safety program for each entity
1-11 operating a rail fixed guideway system within the state that
1-12 provides:
1-13 (A) safety requirements that:
1-14 (i) at a minimum comply with the American
1-15 Public Transit Association's guidelines published in the "Manual
1-16 for the Development of Rail Transit System Safety Program Plan;"
1-17 and
1-18 (ii) include standards for the personal
1-19 security of passengers and employees of rail fixed guideway
1-20 systems;
1-21 (B) lines of authority;
1-22 (C) levels of responsibility and accountability;
1-23 and
1-24 (D) methods of documentation for the system;
2-1 (3) at least every three years conduct an on-site
2-2 safety review of each entity's system safety program plan and
2-3 prepare and issue a report containing findings and recommendations
2-4 resulting from that review that, at a minimum, include an analysis
2-5 of the efficacy of the system safety program plan and a
2-6 determination of whether it should be updated;
2-7 (4) review and approve the annual internal safety
2-8 audit conducted by an entity that operates a system;
2-9 (5) establish procedures for the investigation of
2-10 accidents and unacceptable hazardous conditions;
2-11 (6) investigate accidents and unacceptable hazardous
2-12 conditions at entities operating systems unless the National
2-13 Transportation Safety Board has investigated or will investigate an
2-14 accident;
2-15 (7) require, review, and approve any plan of an entity
2-16 operating a system to minimize, control, correct, or eliminate any
2-17 investigated accident or hazard; and
2-18 (8) submit reports or other information required by
2-19 the Unites States Department of Transportation.
2-20 (b) The department may use a contractor to act on its behalf
2-21 in carrying out the duties of the department under this section.
2-22 (c) The data collected and the report of any investigation
2-23 conducted by the department or a contractor acting on behalf of the
2-24 department:
2-25 (1) is confidential and not subject to disclosure,
2-26 inspection, or copying under Chapter 552, Government Code; and
2-27 (2) may not be admitted in evidence or used for any
3-1 purpose in any action or proceeding arising out of any matter
3-2 referred to in an investigation except in an action or a proceeding
3-3 instituted by the state.
3-4 (d) Each entity operating a system shall:
3-5 (1) develop a system safety program plan that complies
3-6 with the department's safety program plan standards;
3-7 (2) conduct an annual internal safety audit and submit
3-8 the audit report to the department;
3-9 (3) report accidents and unacceptable hazardous
3-10 conditions to the department in writing or by electronic means
3-11 acceptable to the department;
3-12 (4) minimize, control, correct, or eliminate any
3-13 investigated unacceptable hazardous condition as required by the
3-14 department; and
3-15 (5) provide all necessary assistance to allow the
3-16 department to conduct appropriate on-site investigations of
3-17 accidents and unacceptable hazardous conditions.
3-18 (e) Any part of a system safety program plan that concerns
3-19 security for the system:
3-20 (1) is confidential and not subject to disclosure,
3-21 inspection, or copying under Chapter 552, Government Code; and
3-22 (2) may not be admitted in evidence or used for any
3-23 purpose in any action or proceeding arising out of any matter
3-24 referred to in an investigation except in an action or a proceeding
3-25 instituted by the state.
3-26 (f) The commission shall adopt rules to implement this
3-27 section.
4-1 (g) Notwithstanding any other provision of law to the
4-2 contrary, the commission, the department, or an officer, employee,
4-3 or agent of the commission or department is not liable for any act
4-4 or omission in the implementation of this section.
4-5 (h) In this section:
4-6 (1) "Accident" means:
4-7 (A) any event involving the revenue service
4-8 operation of a rail fixed guideway system as a result of which an
4-9 individual:
4-10 (i) dies; or
4-11 (ii) suffers bodily injury and immediately
4-12 receives medical treatment away from the scene of the event; or
4-13 (B) a collision, derailment, or fire that causes
4-14 property damage in excess of $100,000.
4-15 (2) "Commission" means the Texas Transportation
4-16 Commission.
4-17 (3) "Department" means the Texas Department of
4-18 Transportation.
4-19 (4) "Hazardous condition" means a condition that may
4-20 endanger human life or property, including an unacceptable
4-21 hazardous condition.
4-22 (5) "Investigation" means a process to determine the
4-23 probable cause of an accident or an unacceptable hazardous
4-24 condition. The term includes a review and approval of the transit
4-25 agency's determination of the probable cause of an accident or
4-26 unacceptable hazardous condition.
4-27 (6) "Rail fixed guideway system" or "system" means any
5-1 light, heavy, or rapid rail system, monorail, inclined plane,
5-2 funicular, trolley, or automated guideway that is included in the
5-3 United States government's computation of fixed guideway route
5-4 miles or receives funding for urbanized areas under 49 U.S.C.
5-5 Section 5336 and is not regulated by the United States government.
5-6 (7) "Safety" means freedom from danger.
5-7 (8) "Security" means freedom from intentional danger.
5-8 (9) "Unacceptable hazardous condition" means a
5-9 hazardous condition determined to be unacceptable using the
5-10 American Public Transit Association's guidelines' hazard resolution
5-11 matrix.
5-12 SECTION 2. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended,
5-17 and that this Act take effect and be in force from and after its
5-18 passage, and it is so enacted.