By: Birdwell, Creighton S.B. No. 975
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the security of high-speed rail operated by a private
  entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 112, Transportation Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  SECURITY FOR HIGH-SPEED RAIL OPERATED BY PRIVATE
  ENTITY
         Sec. 112.201.  DEFINITION. In this subchapter, "high-speed
  rail" means passenger rail service that is reasonably expected to
  reach speeds of at least 110 miles per hour.
         Sec. 112.202.  APPLICABILITY. This subchapter applies only
  to high-speed rail operated by a private entity.
         Sec. 112.203.  DEPARTMENT OF PUBLIC SAFETY POWERS AND
  DUTIES. (a)  To the extent not preempted by federal law, the
  Department of Public Safety:
               (1)  shall administer and enforce the provisions of
  this subchapter; and
               (2)  may adopt rules as necessary to administer this
  subchapter.
         (b)  In carrying out the powers and duties under this
  subchapter, the Department of Public Safety:
               (1)  has the same authority granted to the Texas
  Department of Transportation under Subchapter B, Chapter 111; and
               (2)  shall ensure that rules and standards adopted
  under this subchapter are consistent with applicable federal rules,
  regulations, and standards.
         (c)  The Department of Public Safety shall provide the
  emergency management training course described by Section 418.005,
  Government Code, to employees of a high-speed rail operator
  designated under Section 112.204(c).
         Sec. 112.204.  SECURITY. (a)  A high-speed rail operator
  shall:
               (1)  in the manner required by law for intercity
  passenger railroads, implement all security requirements of the
  Transportation Security Administration or its successor agency;
               (2)  conduct periodic risk-based threat and
  vulnerability assessments; and
               (3)  in consultation with the Transportation Security
  Administration, implement appropriate security measures in
  response to results of the assessments, which may include:
                     (A)  establishing effective intrusion protection
  and access controls for railroad-owned facilities and the rail
  corridor;
                     (B)  instituting active or passive passenger
  screening protocols; and
                     (C)  providing appropriate levels of onboard
  security for all revenue service trains.
         (b)  A high-speed rail operator shall collect and
  investigate security threat reports submitted by members of the
  public.
         (c)  A high-speed rail operator shall:
               (1)  designate employees who are managers or
  supervisors and whose position description, job duties, or
  assignment includes emergency management responsibilities; and
               (2)  require those employees to complete the emergency
  management training described by Section 418.005, Government Code.
         (d)  A high-speed rail operator may not use the services of a
  peace officer employed by this state or a political subdivision of
  this state unless the operator compensates the state or political
  subdivision, as applicable, for the officer's time.
         Sec. 112.205.  COORDINATION WITH OTHER ENTITIES. (a)  A
  high-speed rail operator shall coordinate security activities and
  investigations with federal, state, and local law enforcement
  agencies, including by communicating about credible threats, major
  events, and vulnerable places along the rail line or on a train.
         (b)  A high-speed rail operator shall communicate as
  appropriate with the state Emergency Management Council and the
  Texas Division of Emergency Management about safety and security
  issues.
         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, 2017.