1-1 By: West S.B. No. 735 1-2 (In the Senate - Filed February 24, 1997; February 26, 1997, 1-3 read first time and referred to Committee on State Affairs; 1-4 April 11, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 13, Nays 0; April 11, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Cain 1-7 In SECTION 1 of S.B. No. 735, Section 455.005(f)(1): 1-8 (1) Delete the word "not" on page 2, line 27; and 1-9 (2) Delete the word "and" on page 2, line 28 and insert in 1-10 lieu thereof the word "but". 1-11 A BILL TO BE ENTITLED 1-12 AN ACT 1-13 relating to the oversight of rail fixed guideway system safety. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Chapter 455, Transportation Code, is amended by 1-16 adding Section 455.005 to read as follows: 1-17 Sec. 455.005. RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT. 1-18 (a) In this section: 1-19 (1) "Accident" means: 1-20 (A) any event involving the revenue service 1-21 operation of a rail fixed guideway system if as a result an 1-22 individual dies or suffers bodily injury and immediately receives 1-23 medical treatment away from the scene of the accident; or 1-24 (B) a collision, derailment, or fire that causes 1-25 property damage in excess of $100,000. 1-26 (2) "Department" means the Texas Department of 1-27 Transportation. 1-28 (3) "Hazardous condition" means a condition that may 1-29 endanger human life or property, including unacceptable hazardous 1-30 conditions. 1-31 (4) "Investigation" means a process to determine the 1-32 probable cause of an accident or an unacceptable hazardous 1-33 condition, which may involve no more than a review and approval of 1-34 the transit agency's determination of the probable cause of an 1-35 accident or unacceptable hazardous condition. 1-36 (5) "Rail fixed guideway system" means any light, 1-37 heavy, or rapid rail system, monorail, inclined plane, funicular, 1-38 trolley, or automated guideway that is included in the United 1-39 States calculation of fixed guideway route miles or receives 1-40 funding for urbanized areas under 49 U.S.C. Section 5336 and is not 1-41 regulated by the United States. 1-42 (6) "Safety" means freedom from danger. 1-43 (7) "Security" means freedom from intentional danger. 1-44 (8) "Transit agency" means an entity operating a rail 1-45 fixed guideway system. 1-46 (9) "Unacceptable hazardous condition" means a 1-47 hazardous condition determined to be unacceptable using the Hazard 1-48 Resolution Matrix from the American Public Transit Association 1-49 Guidelines. 1-50 (b) The department shall be responsible for the oversight of 1-51 safety and security practices of rail fixed guideway systems in 1-52 compliance with 49 U.S.C. Section 5330. The department shall 1-53 establish a safety program plan standard for each transit agency 1-54 operating a rail fixed guideway system within the state which 1-55 provides: 1-56 (1) safety requirements which at a minimum comply with 1-57 the American Public Transit Association's "Manual for the 1-58 Development of Rail Transit System Safety Program Plan," also known 1-59 as the American Public Transit Association Guidelines, and include 1-60 standards for the personal security of passengers and employees of 1-61 rail fixed guideway systems; 1-62 (2) lines of authority; 1-63 (3) levels of responsibility and accountability; and 1-64 (4) methods of documentation for the system. 2-1 (c) The department shall: 2-2 (1) at least every three years conduct an on-site 2-3 safety review of each transit agency's system safety program plan 2-4 and prepare and issue a report containing findings and 2-5 recommendations resulting from that review which, at a minimum, 2-6 include an analysis of the efficacy of the system safety program 2-7 plan and a determination of whether it should be updated; and 2-8 (2) review and approve the annual internal safety 2-9 audit conducted by a transit agency. 2-10 (d) The department shall: 2-11 (1) establish procedures for the investigation of 2-12 accidents and unacceptable hazardous conditions; 2-13 (2) investigate accidents and unacceptable hazardous 2-14 conditions at transit agencies unless the National Transportation 2-15 Safety Board has investigated or will investigate an accident; 2-16 (3) require, review, and approve any plan of a transit 2-17 agency to minimize, control, correct, or eliminate any investigated 2-18 accident or hazard; and 2-19 (4) submit reports or other information required by 2-20 the United States. 2-21 (e) 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 (f) 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 not subject to disclosure, inspection, or 2-27 copying under Chapter 552, Government Code; and 2-28 (2) shall not be admitted in evidence or used for any 2-29 purpose in any action or proceeding arising out of any matter 2-30 referred to in an investigation except in an action or a proceeding 2-31 instituted by the state. 2-32 (g) Each transit agency shall: 2-33 (1) develop a system safety program plan that complies 2-34 with the department's safety program plan standards; 2-35 (2) conduct an annual internal safety audit and submit 2-36 the audit report to the department; 2-37 (3) report accidents and unacceptable hazardous 2-38 conditions to the department in writing or by electronic means 2-39 acceptable to the department; 2-40 (4) minimize, control, correct, or eliminate any 2-41 investigated unacceptable hazardous condition as required by the 2-42 department; and 2-43 (5) provide all necessary assistance to allow the 2-44 department to conduct appropriate on-site investigations of 2-45 accidents and unacceptable hazardous conditions. 2-46 (h) Any part of a transit agency's system safety program 2-47 plan that concerns security for the system is confidential and: 2-48 (1) is not subject to disclosure, inspection, or 2-49 copying under Chapter 552, Government Code; and 2-50 (2) shall not be admitted in evidence or used for any 2-51 purpose in any action or proceeding arising out of any matter 2-52 referred to in an investigation except in an action or a proceeding 2-53 instituted by the state. 2-54 (i) The commission shall adopt rules to implement this 2-55 section. 2-56 (j) Notwithstanding any other provision of law, the 2-57 commission, the department, and their officers, employees, and 2-58 agents shall not be liable for any act or omission in the 2-59 implementation of this section. 2-60 SECTION 2. The importance of this legislation and the 2-61 crowded condition of the calendars in both houses create an 2-62 emergency and an imperative public necessity that the 2-63 constitutional rule requiring bills to be read on three several 2-64 days in each house be suspended, and this rule is hereby suspended, 2-65 and that this Act take effect and be in force from and after its 2-66 passage, and it is so enacted. 2-67 * * * * *