By: Harper-Brown H.B. No. 3771
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Texas Department of Transportation
  to approve safety standards for high-speed rail; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 111, Transportation Code,
  is amended by adding Section 111.103 to read as follows:
         Sec. 111.103.  HIGH-SPEED RAIL SAFETY STANDARDS; FEES. (a)
  Upon application by a railroad, the department by rule may adopt
  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.
         (b)  The department may 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.
         (c)  The department shall consider safety records of rolling
  stock and systems operating internationally in countries with a
  history of safe commercial high-speed passenger rail service.
         (d)  A railroad is not required to seek approval of
  high-speed rail safety standards from the department if it is
  operating under standards approved by the Federal Railroad
  Administration or other federal authority.
         (e)  The department by rule shall adopt reasonable fees to
  recover all costs to administer this section.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.