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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of certain transportation |
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authorities and railroads for certain incidents involving the |
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provision of public passenger rail services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 452, Transportation Code, |
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is amended by adding Section 452.0601 to read as follows: |
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Sec. 452.0601. LIABILITY LIMITED FOR RAIL INCIDENTS. (a) |
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The aggregate liability of an authority and a railroad that enter |
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into an agreement to provide public passenger rail services, and |
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the governing boards, directors, officers, employees, and agents of |
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the authority and railroad, may not exceed $125 million for all |
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claims for damages arising from a single incident involving the |
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provision of public passenger rail services under the agreement. |
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(b) Subsection (a) does not affect the amount of damages |
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that may be recovered under Subchapter D, Chapter 112, or the |
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Federal Employers' Liability Act (45 U.S.C. Section 51 et seq.). |
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(c) This section does not affect any immunity, limitation on |
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damages, limitation on actions, or other limitation of liability or |
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protection applicable under other law to an authority or other |
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provider of public passenger rail services. |
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(d) The limitation of liability provided by this section |
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does not apply to damages arising from the wilful misconduct or |
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gross negligence of the railroad. |
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(e) The limitation of liability provided by this section |
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applies to an incident involving the National Railroad Passenger |
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Corporation using facilities of an authority under an agreement |
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with the authority. |
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SECTION 2. Subchapter C, Chapter 460, Transportation Code, |
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is amended by adding Section 460.1041 to read as follows: |
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Sec. 460.1041. LIABILITY LIMITED FOR RAIL INCIDENTS. (a) |
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The aggregate liability of an authority and a railroad that enter |
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|
into an agreement to provide public passenger rail services, and |
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|
the governing boards, directors, officers, employees, and agents of |
|
|
the authority and railroad, may not exceed $125 million for all |
|
|
claims for damages arising from a single incident involving the |
|
|
provision of public passenger rail services under the agreement. |
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|
(b) Subsection (a) does not affect the amount of damages |
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|
that may be recovered under Subchapter D, Chapter 112, or the |
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|
Federal Employers' Liability Act (45 U.S.C. Section 51 et seq.). |
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|
(c) This section does not affect any immunity, limitation on |
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|
damages, limitation on actions, or other limitation of liability or |
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|
protections applicable under other law to an authority or other |
|
|
provider of public passenger rail services. |
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|
(d) The limitation of liability provided by this section |
|
|
does not apply to damages arising from the wilful misconduct or |
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|
gross negligence of the railroad. |
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|
(e) The limitation of liability provided by this section |
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|
applies to an incident involving the National Railroad Passenger |
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|
Corporation using facilities of an authority under an agreement |
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with the authority. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |