Bill Text: TX SB1523 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the creation of the state safety oversight program for rail fixed guideway public transportation systems.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-01 - Effective immediately [SB1523 Detail]

Download: Texas-2017-SB1523-Enrolled.html
 
 
  S.B. No. 1523
 
 
 
 
AN ACT
  relating to the creation of the state safety oversight program for
  rail fixed guideway public transportation systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 455, Transportation Code,
  is amended to read as follows:
  CHAPTER 455.  [GENERAL] POWERS AND DUTIES OF DEPARTMENT OF
  TRANSPORTATION REGARDING MASS TRANSPORTATION
         SECTION 2.  Chapter 455, Transportation Code, is amended by
  designating Sections 455.001 through 455.004 as Subchapter A and
  adding a subchapter heading to read as follows:
  SUBCHAPTER A. GENERAL POWERS AND DUTIES
         SECTION 3.  Section 455.002, Transportation Code, is amended
  to read as follows:
         Sec. 455.002.  DEPARTMENT POWERS REGARDING MASS
  TRANSPORTATION. The Texas Department of Transportation may:
               (1)  purchase, construct, lease, and contract for
  public transportation systems;
               (2)  use the expertise of recognized private
  authorities or consultants to plan and design public and mass
  transportation systems;
               (3)  represent this state in each public and mass
  transportation matter before a state or federal agency;
               (4)  subject to Section 455.052, apply for and receive
  a gift or grant from a governmental or private source for use in
  performing the department's functions under this chapter;
               (5)  contract as necessary to perform a function under
  this chapter; and
               (6)  recommend legislation necessary to advance this
  state's interest in public and mass transportation.
         SECTION 4.  Chapter 455, Transportation Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. STATE SAFETY OVERSIGHT PROGRAM
         Sec. 455.051.  DEFINITION. In this subchapter, "rail fixed
  guideway public transportation system" has the meaning assigned by
  49 C.F.R. Section 674.7.
         Sec. 455.052.  DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY;
  REQUIREMENTS AND PROHIBITIONS. (a)  The department is designated
  as the agency responsible for implementing a state safety oversight
  program that satisfies the requirements of 49 U.S.C. Section
  5329(e).
         (b)  Unless waived under 49 U.S.C. Section 5329(e), the
  department:
               (1)  shall be financially and legally independent from
  any rail fixed guideway public transportation system under the
  oversight of the department; and
               (2)  may not employ an individual who is also employed
  by a rail fixed guideway public transportation system under the
  oversight of the department.
         (c)  The department may not directly provide public
  transportation services in an area with a rail fixed guideway
  public transportation system under the oversight of the department.
         (d)  A public transportation entity may not provide funds to
  the department.
         Sec. 455.053.  OVERSIGHT. The department shall oversee all
  safety aspects of rail fixed guideway public transportation systems
  in accordance with 49 U.S.C. Section 5329, including the
  development, implementation, and application of the public
  transportation agency safety plan.
         Sec. 455.054.  ENFORCEMENT. The department shall:
               (1)  enforce federal and state laws on rail fixed
  guideway public transportation safety;
               (2)  review, revise, approve, oversee, and enforce the
  public transportation agency safety plan required under 49 U.S.C.
  Section 5329(d), including the implementation by a rail fixed
  guideway public transportation system of the system's plan;
               (3)  investigate and enforce the safety of rail fixed
  guideway public transportation systems; and 
               (4)  coordinate all enforcement responsibilities with
  other governmental entities as needed.
         Sec. 455.055.  STAFFING LEVELS; TRAINING. (a)  The
  department, in consultation with the Federal Transit
  Administration, shall determine an appropriate staffing level for
  the state safety oversight program that is commensurate with the
  number, size, and complexity of rail fixed guideway public
  transportation systems in this state.
         (b)  The department shall ensure that the personnel who are
  responsible for rail fixed guideway public transportation safety
  oversight are qualified to perform oversight functions through
  appropriate training, including the successful completion of the
  public transportation safety certification training program
  established under 49 U.S.C. Section 5329(c).
         Sec. 455.056.  AUDIT OF COMPLIANCE WITH PUBLIC
  TRANSPORTATION AGENCY SAFETY PLAN. At least once every three
  years, the department shall audit the compliance of the rail fixed
  guideway public transportation systems in this state with the
  public transportation agency safety plan required by 49 U.S.C.
  Section 5329(d).
         Sec. 455.057.  ANNUAL STATUS REPORT. The department shall
  provide an annual status report on the safety of the state's rail
  fixed guideway public transportation systems to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  the Federal Transit Administration, and the governing body of each
  rail fixed guideway public transportation system under the
  oversight of the department.
         Sec. 455.058.  USE OF CONTRACTOR. (a)  The department may
  enter into an agreement with a contractor to act on behalf of the
  department in carrying out the duties of the department under this
  subchapter.
         (b)  A contractor may not provide services to both the
  department and a rail fixed guideway public transportation system
  under the oversight of the department unless the provision of those
  services is authorized by a waiver issued by the Federal Transit
  Administrator or the administrator's designee.
         Sec. 455.059.  CONFIDENTIAL INFORMATION. The data collected
  for and the report of an investigation conducted under this
  subchapter by the department or a contractor acting on behalf of the
  department and any part of a rail fixed guideway public
  transportation system safety plan that concerns security for the
  system are confidential and not subject to disclosure under Chapter
  552, Government Code.
         Sec. 455.060.  RULES. The commission shall adopt rules
  necessary to implement this subchapter.
         SECTION 5.  Section 455.005, Transportation Code, is
  repealed.
         SECTION 6.  Not later than March 1, 2019, the Texas
  Transportation Commission shall adopt rules to implement
  Subchapter B, Chapter 455, Transportation Code, as added by this
  Act.
         SECTION 7.  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, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1523 passed the Senate on
  April 19, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1523 passed the House on
  May 19, 2017, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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