By: Harper-Brown (Senate Sponsor - Williams) H.B. No. 3771
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3771 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Transportation
to adopt safety standards for high-speed rail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 111, Transportation Code,
is amended by adding Section 111.103 to read as follows:
Sec. 111.103. HIGH-SPEED RAIL SAFETY STANDARDS. (a) For
the purposes of this section, "high-speed rail" means passenger
rail service capable of operating at speeds greater than 185 miles
per hour.
(b) On application by a railroad company, the department by
rule may adopt safety standards for high-speed rail systems,
including rolling stock, for that railroad company.
(c) In adopting safety standards under Subsection (b), the
department:
(1) shall consider the safety records of high-speed
rail systems, including rolling stock, operated in countries with a
history of safe high-speed rail service; and
(2) may require the railroad company to construct
grade separations or physical barriers to isolate the railroad
company's high-speed rail systems from streets, roadways, or
existing freight or passenger railroads.
(d) A railroad company is not required to submit an
application to the department under Subsection (b) if the railroad
company is operating under safety standards approved by the Federal
Railroad Administration or another federal agency.
(e) The department by rule shall impose a reasonable fee on
a railroad company that submits an application under Subsection (b)
to recover costs incurred by the department in administering this
section.
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, 2011.
* * * * *