By: West S.B. No. 735
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the oversight of rail fixed guideway system safety.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 455, Transportation Code, is amended by
1-4 adding Section 455.005 to read as follows:
1-5 Sec. 455.005. RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT.
1-6 (a) In this section:
1-7 (1) "Accident" means:
1-8 (A) any event involving the revenue service
1-9 operation of a rail fixed guideway system if as a result an
1-10 individual dies or suffers bodily injury and immediately receives
1-11 medical treatment away from the scene of the accident; or
1-12 (B) a collision, derailment, or fire that causes
1-13 property damage in excess of $100,000.
1-14 (2) "Department" means the Texas Department of
1-15 Transportation.
1-16 (3) "Hazardous condition" means a condition that may
1-17 endanger human life or property, including unacceptable hazardous
1-18 conditions.
1-19 (4) "Investigation" means a process to determine the
1-20 probable cause of an accident or an unacceptable hazardous
1-21 condition, which may involve no more than a review and approval of
1-22 the transit agency's determination of the probable cause of an
1-23 accident or unacceptable hazardous condition.
2-1 (5) "Rail fixed guideway system" means any light,
2-2 heavy, or rapid rail system, monorail, inclined plane, funicular,
2-3 trolley, or automated guideway that is included in the United
2-4 States calculation of fixed guideway route miles or receives
2-5 funding for urbanized areas under 49 U.S.C. Section 5336 and is not
2-6 regulated by the United States.
2-7 (6) "Safety" means freedom from danger.
2-8 (7) "Security" means freedom from intentional danger.
2-9 (8) "Transit agency" means an entity operating a rail
2-10 fixed guideway system.
2-11 (9) "Unacceptable hazardous condition" means a
2-12 hazardous condition determined to be unacceptable using the Hazard
2-13 Resolution Matrix from the American Public Transit Association
2-14 Guidelines.
2-15 (b) The department shall be responsible for the oversight of
2-16 safety and security practices of rail fixed guideway systems in
2-17 compliance with 49 U.S.C. Section 5330. The department shall
2-18 establish a safety program plan standard for each transit agency
2-19 operating a rail fixed guideway system within the state which
2-20 provides:
2-21 (1) safety requirements which at a minimum comply with
2-22 the American Public Transit Association's "Manual for the
2-23 Development of Rail Transit System Safety Program Plan," also known
2-24 as the American Public Transit Association Guidelines, and include
2-25 standards for the personal security of passengers and employees of
3-1 rail fixed guideway systems;
3-2 (2) lines of authority;
3-3 (3) levels of responsibility and accountability; and
3-4 (4) methods of documentation for the system.
3-5 (c) The department shall:
3-6 (1) at least every three years conduct an on-site
3-7 safety review of each transit agency's system safety program plan
3-8 and prepare and issue a report containing findings and
3-9 recommendations resulting from that review which, at a minimum,
3-10 include an analysis of the efficacy of the system safety program
3-11 plan and a determination of whether it should be updated; and
3-12 (2) review and approve the annual internal safety
3-13 audit conducted by a transit agency.
3-14 (d) The department shall:
3-15 (1) establish procedures for the investigation of
3-16 accidents and unacceptable hazardous conditions;
3-17 (2) investigate accidents and unacceptable hazardous
3-18 conditions at transit agencies unless the National Transportation
3-19 Safety Board has investigated or will investigate an accident;
3-20 (3) require, review, and approve any plan of a transit
3-21 agency to minimize, control, correct, or eliminate any investigated
3-22 accident or hazard; and
3-23 (4) submit reports or other information required by
3-24 the United States.
3-25 (e) The department may use a contractor to act on its behalf
4-1 in carrying out the duties of the department under this section.
4-2 (f) The data collected and the report of any investigation
4-3 conducted by the department or a contractor acting on behalf of the
4-4 department:
4-5 (1) is subject to disclosure, inspection, or copying
4-6 under Chapter 552, Government Code; but
4-7 (2) shall not be admitted in evidence or used for any
4-8 purpose in any action or proceeding arising out of any matter
4-9 referred to in an investigation except in an action or a proceeding
4-10 instituted by the state.
4-11 (g) Each transit agency shall:
4-12 (1) develop a system safety program plan that complies
4-13 with the department's safety program plan standards;
4-14 (2) conduct an annual internal safety audit and submit
4-15 the audit report to the department;
4-16 (3) report accidents and unacceptable hazardous
4-17 conditions to the department in writing or by electronic means
4-18 acceptable to the department;
4-19 (4) minimize, control, correct, or eliminate any
4-20 investigated unacceptable hazardous condition as required by the
4-21 department; and
4-22 (5) provide all necessary assistance to allow the
4-23 department to conduct appropriate on-site investigations of
4-24 accidents and unacceptable hazardous conditions.
4-25 (h) Any part of a transit agency's system safety program
5-1 plan that concerns security for the system is confidential and:
5-2 (1) is not subject to disclosure, inspection, or
5-3 copying under Chapter 552, Government Code; and
5-4 (2) shall not be admitted in evidence or used for any
5-5 purpose in any action or proceeding arising out of any matter
5-6 referred to in an investigation except in an action or a proceeding
5-7 instituted by the state.
5-8 (i) The commission shall adopt rules to implement this
5-9 section.
5-10 (j) Notwithstanding any other provision of law, the
5-11 commission, the department, and their officers, employees, and
5-12 agents shall not be liable for any act or omission in the
5-13 implementation of this section.
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 several
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.