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A BILL TO BE ENTITLED
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AN ACT
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relating to the safety standards of certain rail employees; |
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requiring an occupational permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 199, Transportation Code, is amended by |
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adding Section 199.004 to read as follows: |
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Sec. 199.004. SAFETY STANDARDS FOR CERTAIN RAIL EMPLOYEES. |
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(a) In this section, "covered rail employee" means a railroad |
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employee whose primary reporting point is in the United Mexican |
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States. |
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(b) A railroad may not employ a covered rail employee to |
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perform a railroad service in this state unless the railroad: |
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(1) obtains from the department a permit that |
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authorizes covered rail employees to perform those services; and |
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(2) certifies to the department as part of the |
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permitting process that each covered rail employee is in compliance |
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with the safety standards applicable to a railroad employee whose |
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primary reporting point is in the United States. |
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(c) The department shall publish in the Texas Register |
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notice of an application for a permit to employ covered rail |
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employees not later than the fifth day after the department |
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receives the application. The notice must contain: |
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(1) the application; and |
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(2) any supporting documentation. |
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(d) For each application for a permit under this section, |
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the department shall: |
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(1) hold a public hearing; |
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(2) allow public comment for at least 30 days before |
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making a decision on the permit; |
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(3) publish in the Texas Register the department's |
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decision on the application; and |
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(4) notify each standing committee of the legislature |
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with jurisdiction over railroad safety of the department's decision |
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on the application. |
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(e) In making a decision on an application for a permit |
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under this section, the department may: |
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(1) inspect a railroad's safety training of covered |
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rail employees; and |
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(2) access any rail facility where safety training is |
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conducted, including a rail facility from which trains are |
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dispatched to the border with the United Mexican States. |
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(f) The commission shall adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act takes effect September 1, 2023. |