Texas 2009 - 81st Regular

Texas Senate Bill SB612 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Shapleigh S.B. No. 612
2	2	(In the Senate - Filed February 2, 2009; February 23, 2009,
3	3	read first time and referred to Committee on Transportation and
4	4	Homeland Security; April 8, 2009, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; April 8, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the powers and duties of the Texas Department of
11	11	Transportation related to rail facilities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (a), Section 91.004, Transportation
14	14	Code, is amended to read as follows:
15	15	(a) The department may:
16	16	(1) plan and make policies for the location,
17	17	construction, maintenance, and operation of [a] rail facilities
18	18	[facility] or systems [system] in this state;
19	19	(2) acquire, finance, construct, reconstruct,
20	20	relocate, maintain, and subject to Section 91.005, operate publicly
21	21	or privately owned [a] passenger or freight rail facilities
22	22	[facility], individually or as one or more systems;
23	23	(3) for the purpose of acquiring or financing a rail
24	24	facility or system, accept a grant or loan from a:
25	25	(A) department or agency of the United States;
26	26	(B) department, agency, or political subdivision
27	27	of this state; or
28	28	(C) public or private person;
29	29	(4) contract with a public or private person to
30	30	finance, construct, maintain, or operate a rail facility under this
31	31	chapter; or
32	32	(5) perform any act necessary to the full exercise of
33	33	the department's powers under this chapter.
34	34	SECTION 2. Section 91.005, Transportation Code, is amended
35	35	to read as follows:
36	36	Sec. 91.005. RELIANCE ON PRIVATE ENTITIES. The department
37	37	shall contract with a private entity to operate a railroad under
38	38	this chapter [using facilities owned by the department] and may not
39	39	use department employees to operate a railroad. The department may
40	40	maintain a railroad facility directly or through a private entity.
41	41	The department may not own rolling stock.
42	42	SECTION 3. Subchapter B, Chapter 91, Transportation Code,
43	43	is amended by adding Section 91.038 to read as follows:
44	44	Sec. 91.038. PRIVATELY OWNED RAIL FACILITIES. (a) The
45	45	department may relocate, construct, reconstruct, maintain, or
46	46	operate a privately owned rail facility only if the commission
47	47	first determines that the acquisition or other action will be in the
48	48	best interests of this state in improving the mobility of the
49	49	residents of this state and will:
50	50	(1) relieve congestion on public highways;
51	51	(2) enhance public safety;
52	52	(3) improve air quality; or
53	53	(4) expand economic opportunity.
54	54	(b) An agreement entered into by the department with a
55	55	private owner for the transfer of a rail facility must contain
56	56	provisions necessary to ensure compliance with each requirement of
57	57	Subsection (a).
58	58	SECTION 4. Section 91.071, Transportation Code, is amended
59	59	to read as follows:
60	60	Sec. 91.071. FUNDING. (a) Except as provided in
61	61	Subsection (b), the department may use any available funds to
62	62	implement this chapter, including:
63	63	(1) funds from the state infrastructure bank; or
64	64	(2) surplus revenue of a toll project, as defined by
65	65	Section 201.001.
66	66	(b) The [Except for money received from the Texas economic
67	67	development bank fund under Section 489.102, Government Code, the]
68	68	department may not spend money from the general revenue fund to
69	69	implement this chapter except:
70	70	(1) money appropriated pursuant to a line-item
71	71	appropriation;
72	72	(2) money received from the Texas Economic Development
73	73	Bank under Section 489.102, Government Code;
74	74	(3) money awarded from the Texas Enterprise Fund under
75	75	Section 481.078, Government Code; or
76	76	(4) money appropriated to the Texas rail relocation
77	77	and improvement fund.
78	78	SECTION 5. Subsections (a) and (c), Section 91.072,
79	79	Transportation Code, are amended to read as follows:
80	80	(a) The commission and the department have the same powers
81	81	and duties relating to the financing of a rail facility or a system
82	82	established under Section 91.031 as the commission and the
83	83	department have under Subchapter C [E], Chapter 228 [361], relating
84	84	to the financing of a toll [turnpike] project, including the
85	85	ability to deposit the proceeds of bonds or other obligations and to
86	86	pledge, encumber, and expend such proceeds and revenues as provided
87	87	in Chapter 228 [361].
88	88	(c) For purposes of this section, a reference in Subchapter
89	89	C [E], Chapter 228 [361] to:
90	90	(1) a toll [turnpike] project means a rail facility or
91	91	system; and
92	92	(2) revenue includes a fee, rent, or other usage
93	93	charge established under this chapter or other money received under
94	94	Sections 91.073 and 91.074.
95	95	SECTION 6. Subsection (a), Section 91.091, Transportation
96	96	Code, is amended to read as follows:
97	97	(a) Subject to Section 91.096, the [The] commission may
98	98	authorize the department to acquire [in the name of the state] a
99	99	right-of-way, a property right, or other interest in real property
100	100	determined to be necessary or convenient for the department's
101	101	acquisition, construction, maintenance, or operation of rail
102	102	facilities. An interest in property acquired for a rail facility
103	103	owned or to be owned by the department shall be acquired in the name
104	104	of the state.
105	105	SECTION 7. Section 91.095, Transportation Code, is amended
106	106	to read as follows:
107	107	Sec. 91.095. DISPOSAL OF PROPERTY. The department may
108	108	sell, convey, or otherwise dispose of any rights or other interests
109	109	in real property acquired in the name of the state under this
110	110	subchapter that the commission determines are no longer needed for
111	111	department purposes.
112	112	SECTION 8. Subchapter E, Chapter 91, Transportation Code,
113	113	is amended by adding Section 91.096 to read as follows:
114	114	Sec. 91.096. ACQUISITION OF PROPERTY FOR PRIVATELY OWNED
115	115	RAIL FACILITIES. The department may acquire an interest in real
116	116	property for a privately owned rail facility only if the commission
117	117	makes the determination required by Section 91.038.
118	118	SECTION 9. Subsection (d), Section 201.973, Transportation
119	119	Code, is amended to read as follows:
120	120	(d) Obligations may be issued for one or more of the
121	121	following purposes:
122	122	(1) to pay all or part of the costs of relocating,
123	123	constructing, reconstructing, acquiring, improving,
124	124	rehabilitating, or expanding rail facilities owned or to be owned
125	125	by the department, including any necessary design, in the manner
126	126	and locations determined by the commission that according to
127	127	conclusive findings of the commission have an expected useful life,
128	128	without material repair, of not less than 10 years;
129	129	(2) to provide participation by the state in the
130	130	financing or payment of all or part of the costs of relocating,
131	131	constructing, reconstructing, acquiring, improving,
132	132	rehabilitating, or expanding publicly or privately owned rail
133	133	facilities, including any necessary design, if the commission
134	134	determines that the project will be in the best interests of the
135	135	state in its major goal of improving the mobility of the residents
136	136	of the state and will:
137	137	(A) relieve congestion on public highways;
138	138	(B) enhance public safety;
139	139	(C) improve air quality; or
140	140	(D) expand economic opportunity;
141	141	(3) to provide loans under Section 201.9731;
142	142	(4) to create debt service reserve accounts;
143	143	(5) [(4)] to pay interest on obligations for a period
144	144	of not longer than two years;
145	145	(6) [(5)] to refund or cancel outstanding
146	146	obligations; and
147	147	(7) [(6)] to pay the commission's costs of issuance.
148	148	SECTION 10. Subchapter O, Chapter 201, Transportation Code,
149	149	is amended by adding Section 201.9731 to read as follows:
150	150	Sec. 201.9731. LOAN PROGRAM. (a) In addition to any other
151	151	purpose authorized by this chapter, money in the fund may be used to
152	152	provide loans to eligible applicants for the purposes described by
153	153	Section 201.973(d) if the applicant's project meets the
154	154	requirements of that section.
155	155	(b) The department shall administer the loan program and has
156	156	all powers necessary and convenient to implement this section and
157	157	may:
158	158	(1) establish standards and schedules for railroad
159	159	infrastructure improvement projects;
160	160	(2) establish the specifications and provisions of a
161	161	loan that is made to an eligible applicant;
162	162	(3) establish in any loan agreement the level and
163	163	period of rail service to be provided by the railroad;
164	164	(4) negotiate and establish in any loan agreement the
165	165	financial participation required of an eligible applicant; and
166	166	(5) provide technical assistance to an eligible
167	167	applicant.
168	168	(c) The department shall allocate loans made under this
169	169	section on bases that protect the public interest. A loan may cover
170	170	all of a project's cost. Costs eligible for a loan do not include
171	171	overhead costs or other indirect costs.
172	172	(d) The department shall adopt rules to implement the loan
173	173	program.
174	174	SECTION 11. Subdivision (6), Section 228.001,
175	175	Transportation Code, is amended to read as follows:
176	176	(6) "Transportation project" means:
177	177	(A) a tolled or nontolled state highway
178	178	improvement project;
179	179	(B) a toll project eligible for department cost
180	180	participation under Section 222.103;
181	181	(C) the acquisition, construction,
182	182	reconstruction, relocation, maintenance, or operation of a rail
183	183	facility or system under Chapter 91;
184	184	(D) the acquisition, construction, maintenance,
185	185	or operation of a state-owned ferry under Subchapter A, Chapter
186	186	342;
187	187	(E) a public transportation project under
188	188	Chapter 455 or 456;
189	189	(F) the establishment, construction, or repair
190	190	of an aviation facility under Chapter 21; and
191	191	(G) a passenger rail project of another
192	192	governmental entity.
193	193	SECTION 12. Section 455.005, Transportation Code, is
194	194	amended to read as follows:
195	195	Sec. 455.005. RAIL FIXED GUIDEWAY [MASS TRANSPORTATION]
196	196	SYSTEM SAFETY OVERSIGHT. (a) The department shall:
197	197	(1) oversee safety and security practices of rail
198	198	fixed guideway [mass transportation] systems in compliance with 49
199	199	U.S.C. Section 5330; and
200	200	(2) establish a [safety] program standard to be used
201	201	to provide rail transit agency safety and security oversight [for
202	202	each entity operating a rail fixed guideway mass transportation
203	203	system within the state that provides:
204	204	[(A) safety requirements that:
205	205	[(i) at a minimum comply with the American
206	206	Public Transit Association's guidelines published in the "Manual
207	207	for the Development of Rail Transit System Safety Program Plans";
208	208	and
209	209	[(ii) include standards for the personal
210	210	security of passengers and employees of rail fixed guideway
211	211	systems;
212	212	[(B) lines of authority;
213	213	[(C) levels of responsibility and
214	214	accountability; and
215	215	[(D) methods of documentation for the system;
216	216	[(3) at least every three years conduct an on-site
217	217	safety review of each entity's system safety program plan and
218	218	prepare and issue a report containing findings and recommendations
219	219	resulting from that review that, at a minimum, include an analysis
220	220	of the efficacy of the system safety program plan and a
221	221	determination of whether it should be updated;
222	222	[(4) review and approve the annual internal safety
223	223	audit conducted by an entity that operates a system;
224	224	[(5) establish procedures for the investigation of
225	225	accidents and unacceptable hazardous conditions;
226	226	[(6) investigate accidents and unacceptable hazardous
227	227	conditions at entities operating systems unless the National
228	228	Transportation Safety Board has investigated or will investigate an
229	229	accident;
230	230	[(7) require, review, and approve any plan of an
231	231	entity operating a system to minimize, control, correct, or
232	232	eliminate any investigated accident or hazard; and
233	233	[(8) submit reports or other information required by
234	234	the United States Department of Transportation].
235	235	(b) The department may use a contractor to act on its behalf
236	236	in carrying out the duties of the department under this section.
237	237	(c) The data collected under this section and the report of
238	238	any investigation conducted by the department or a contractor
239	239	acting on behalf of the department under this section:
240	240	(1) are [is] confidential and not subject to
241	241	disclosure, inspection, or copying under Chapter 552, Government
242	242	Code; and [but]
243	243	(2) may not be admitted in evidence or used for any
244	244	purpose in any action or proceeding arising out of any matter
245	245	referred to in an investigation except in an action or a proceeding
246	246	instituted by the state.
247	247	(d) Each rail transit agency [entity operating a system]
248	248	shall:
249	249	(1) develop and implement a system safety program plan
250	250	and a security plan that comply [complies] with the department's
251	251	[safety] program plan standards and federal requirements;
252	252	(2) conduct an annual review of its system [internal]
253	253	safety program plan and security plan [audit] and submit the audit
254	254	report to the department;
255	255	(3) report accidents, hazards, and hazard resolution
256	256	activities [unacceptable hazardous conditions] to the department
257	257	in accordance with the department's requirements [writing or by
258	258	electronic means acceptable to the department]; and
259	259	(4) [minimize, control, correct, or eliminate any
260	260	investigated unacceptable hazardous condition as required by the
261	261	department; and
262	262	[(5)] provide all necessary assistance to allow the
263	263	department to conduct appropriate on-site investigations of
264	264	accidents and hazards [unacceptable hazardous conditions].
265	265	(e) A [Any part of a] system security [safety program] plan
266	266	[that concerns security for the system]:
267	267	(1) is confidential and not subject to disclosure,
268	268	inspection, or copying under Chapter 552, Government Code; and
269	269	(2) may not be admitted in evidence or used for any
270	270	purpose in any action or proceeding arising out of any matter
271	271	referred to in an investigation except in an action or a proceeding
272	272	instituted by the state.
273	273	(f) The commission shall adopt rules to implement this
274	274	section.
275	275	(g) Notwithstanding any other provision of law to the
276	276	contrary, the commission, the department, or an officer, employee,
277	277	or agent of the commission or department is not liable for any act
278	278	or omission in the implementation of this section.
279	279	(h) In this section:
280	280	(1) "Hazard" means any real or potential condition, as
281	281	defined in a rail transit agency's hazard management plan, that can
282	282	cause:
283	283	(A) injury, illness, or death;
284	284	(B) damage to or loss of a system, equipment, or
285	285	property; or
286	286	(C) damage to the environment.
287	287	(2) "Rail fixed guideway system" means any light,
288	288	heavy, or rapid rail system, monorail, inclined plane, funicular,
289	289	trolley, or automated guideway that is subject to 49 U.S.C. Section
290	290	5330.
291	291	(3) "Rail transit agency" means an entity that
292	292	operates a rail fixed guideway system ["Accident" means:
293	293	[(A) any event involving the revenue service
294	294	operation of a rail fixed guideway system as a result of which an
295	295	individual:
296	296	[(i) dies; or
297	297	[(ii) suffers bodily injury and immediately
298	298	receives medical treatment away from the scene of the event; or
299	299	[(B) a collision, derailment, or fire that causes
300	300	property damage in excess of $100,000.
301	301	[(2) "Commission" means the Texas Transportation
302	302	Commission.
303	303	[(3) "Department" means the Texas Department of
304	304	Transportation.
305	305	[(4) "Hazardous condition" means a condition that may
306	306	endanger human life or property, including an unacceptable
307	307	hazardous condition.
308	308	[(5) "Investigation" means a process to determine the
309	309	probable cause of an accident or an unacceptable hazardous
310	310	condition. The term includes a review and approval of the transit
311	311	agency's determination of the probable cause of an accident or
312	312	unacceptable hazardous condition.
313	313	[(6) "Rail fixed guideway mass transportation system"
314	314	or "system" means any light, heavy, or rapid rail system, monorail,
315	315	inclined plane, funicular, trolley, or automated guideway used for
316	316	mass transportation that is included in the United States
317	317	government's computation of fixed guideway route miles or receives
318	318	funding for urbanized areas under 49 U.S.C. Section 5336 and is not
319	319	regulated by the United States government.
320	320	[(7) "Safety" means freedom from danger.
321	321	[(8) "Security" means freedom from intentional
322	322	danger.
323	323	[(9) "Unacceptable hazardous condition" means a
324	324	hazardous condition determined to be unacceptable using the
325	325	American Public Transit Association's guidelines' hazard
326	326	resolution matrix].
327	327	SECTION 13. This Act takes effect immediately if it
328	328	receives a vote of two-thirds of all the members elected to each
329	329	house, as provided by Section 39, Article III, Texas Constitution.
330	330	If this Act does not receive the vote necessary for immediate
331	331	effect, this Act takes effect September 1, 2009.
332	332	* * * * *