BILL ANALYSIS

H.B. 3771

By: Harper-Brown

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties have expressed concern that the Federal Railroad Administration currently regulates passenger rail safety using outdated standards that emphasize collision survival and result in heavy trains that are less safe at high speeds.  H.B. 3771 allows the Texas Department of Transportation to adopt safety standards for high-speed rail.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Transportation in SECTION 1 of this bill.

ANALYSIS

H.B. 3771 amends the Transportation Code to authorize the Texas Department of Transportation (TxDOT), on application by a railroad, to adopt by rule safety standards for high-speed passenger rail rolling stock and systems designed to operate at speeds in excess of 185 miles per hour for that railroad. The bill authorizes TxDOT to require the high-speed rail system to be isolated by grade separations or physical barriers from streets and roadways and existing freight or passenger railroads.

H.B. 3771 requires TxDOT to consider safety records of rolling stock and systems operating internationally in countries with a history of safe commercial high-speed passenger rail service. The bill specifies that a railroad is not required to seek approval of high-speed rail safety standards from TxDOT if it is operating under standards approved by the Federal Railroad Administration or other federal authority. The bill requires TxDOT to adopt by rule reasonable fees to recover all costs to administer high-speed rail safety standards.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.