82R13688 T By: Harper-Brown H.B. No. 3771 A BILL TO BE ENTITLED AN ACT relating to the authority of the Texas Department of Transportation to approve safety standards for high-speed rail; authorizing a fee. 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: Section 111.103: HIGH SPEED RAIL SAFETY STANDARDS; FEES. (a) Upon application by a railroad, the department by rule may adopt safety standards for high-speed passenger rail rolling stock and systems designed to operate at speeds in excess of 185 miles per hour for that railroad. (b) The department may require the high-speed rail system to be isolated by grade separations or physical barriers from streets and roadways and existing freight or passenger railroads. (c) The department shall consider safety records of rolling stock and systems operating internationally in countries with a history of safe commercial high-speed passenger rail service. (d) A railroad is not required to seek approval of high-speed rail safety standards from the department if it is operating under standards approved by the Federal Railroad Administration or other federal authority. (e) The department by rule shall adopt reasonable fees to recover all costs to administer 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.