Bill Text: TX SB1523 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Nichols | S.B. No. 1523 |
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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. [ |
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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. |