Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. 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 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; it may involve no more than a review and approval of the 1-22 transit agency's determination of the probable cause of an accident 1-23 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 2-13 American Public Transit Association's Guidelines' Hazard Resolution 2-14 Matrix. 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," American 2-24 Public Transit Association's Guidelines, and include standards for 2-25 the personal security of passengers and employees of rail fixed 3-1 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 is: 4-5 (1) not subject to disclosure, inspection, or copying 4-6 under Government Code, Chapter 552; and 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 is: 5-2 (1) not subject to disclosure, inspection, or copying 5-3 under Government Code, Chapter 552; 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.