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 MASS TRANSPORTATION SYSTEM
1-6 SAFETY OVERSIGHT. (a) The department shall:
1-7 (1) oversee safety and security practices of rail
1-8 fixed guideway mass transportation systems in compliance with 49
1-9 U.S.C. Section 5330;
1-10 (2) establish a safety program for each entity
1-11 operating a rail fixed guideway mass transportation system within
1-12 the state that 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 Plans";
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
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:
3-1 (1) is confidential and subject to disclosure,
3-2 inspection, or copying under Chapter 552, Government Code; but
3-3 (2) may not be admitted in evidence or used for any
3-4 purpose in any action or proceeding arising out of any matter
3-5 referred to in an investigation except in an action or a proceeding
3-6 instituted by the state.
3-7 (d) Each entity operating a system shall:
3-8 (1) develop a system safety program plan that complies
3-9 with the department's safety program plan standards;
3-10 (2) conduct an annual internal safety audit and submit
3-11 the audit report to the department;
3-12 (3) report accidents and unacceptable hazardous
3-13 conditions to the department in writing or by electronic means
3-14 acceptable to the department;
3-15 (4) minimize, control, correct, or eliminate any
3-16 investigated unacceptable hazardous condition as required by the
3-17 department; and
3-18 (5) provide all necessary assistance to allow the
3-19 department to conduct appropriate on-site investigations of
3-20 accidents and unacceptable hazardous conditions.
3-21 (e) Any part of a system safety program plan that concerns
3-22 security for the system:
3-23 (1) is confidential and not subject to disclosure,
3-24 inspection, or copying under Chapter 552, Government Code; and
3-25 (2) may not be admitted in evidence or used for any
4-1 purpose in any action or proceeding arising out of any matter
4-2 referred to in an investigation except in an action or a proceeding
4-3 instituted by the state.
4-4 (f) The commission shall adopt rules to implement this
4-5 section.
4-6 (g) Notwithstanding any other provision of law to the
4-7 contrary, the commission, the department, or an officer, employee,
4-8 or agent of the commission or department is not liable for any act
4-9 or omission in the implementation of this section.
4-10 (h) In this section:
4-11 (1) "Accident" means:
4-12 (A) any event involving the revenue service
4-13 operation of a rail fixed guideway system as a result of which an
4-14 individual:
4-15 (i) dies; or
4-16 (ii) suffers bodily injury and immediately
4-17 receives medical treatment away from the scene of the event; or
4-18 (B) a collision, derailment, or fire that causes
4-19 property damage in excess of $100,000.
4-20 (2) "Commission" means the Texas Transportation
4-21 Commission.
4-22 (3) "Department" means the Texas Department of
4-23 Transportation.
4-24 (4) "Hazardous condition" means a condition that may
4-25 endanger human life or property, including an unacceptable
5-1 hazardous condition.
5-2 (5) "Investigation" means a process to determine the
5-3 probable cause of an accident or an unacceptable hazardous
5-4 condition. The term includes a review and approval of the transit
5-5 agency's determination of the probable cause of an accident or
5-6 unacceptable hazardous condition.
5-7 (6) "Rail fixed guideway mass transportation system"
5-8 or "system" means any light, heavy, or rapid rail system, monorail,
5-9 inclined plane, funicular, trolley, or automated guideway used for
5-10 mass transportation that is included in the United States
5-11 government's computation of fixed guideway route miles or receives
5-12 funding for urbanized areas under 49 U.S.C. Section 5336 and is not
5-13 regulated by the United States government.
5-14 (7) "Safety" means freedom from danger.
5-15 (8) "Security" means freedom from intentional danger.
5-16 (9) "Unacceptable hazardous condition" means a
5-17 hazardous condition determined to be unacceptable using the
5-18 American Public Transit Association's guidelines' hazard resolution
5-19 matrix.
5-20 SECTION 2. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended,
5-25 and that this Act take effect and be in force from and after its
6-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 735 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 17, 1997, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 735 passed the House, with
amendment, on May 13, 1997, by the following vote: Yeas 143,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor