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.

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