83R5237 VOO-F
By: Harper-Brown H.B. No. 3120
A BILL TO BE ENTITLED
AN ACT
relating to limiting the liability of certain transportation
authorities and railroads for certain incidents involving the
provision of public passenger rail services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 452, Transportation Code,
is amended by adding Section 452.0601 to read as follows:
Sec. 452.0601. LIABILITY LIMITED FOR RAIL INCIDENTS. (a)
The aggregate liability of an authority and a railroad that enter
into an agreement to provide public passenger rail services, and
the governing boards, directors, officers, employees, and agents of
the authority and railroad, may not exceed $125 million for all
claims for damages arising from a single incident involving the
provision of public passenger rail services under the agreement.
(b) Subsection (a) does not affect the amount of damages
that may be recovered under Subchapter D, Chapter 112, or the
Federal Employers' Liability Act (45 U.S.C. Section 51 et seq.).
(c) This section does not affect any immunity, limitation on
damages, limitation on actions, or other limitation of liability or
protection applicable under other law to an authority or other
provider of public passenger rail services.
(d) The limitation of liability provided by this section
does not apply to damages arising from the wilful misconduct or
gross negligence of the railroad.
(e) The limitation of liability provided by this section
applies to an incident involving the National Railroad Passenger
Corporation using facilities of an authority under an agreement
with the authority.
SECTION 2. Subchapter C, Chapter 460, Transportation Code,
is amended by adding Section 460.1041 to read as follows:
Sec. 460.1041. LIABILITY LIMITED FOR RAIL INCIDENTS. (a)
The aggregate liability of an authority and a railroad that enter
into an agreement to provide public passenger rail services, and
the governing boards, directors, officers, employees, and agents of
the authority and railroad, may not exceed $125 million for all
claims for damages arising from a single incident involving the
provision of public passenger rail services under the agreement.
(b) Subsection (a) does not affect the amount of damages
that may be recovered under Subchapter D, Chapter 112, or the
Federal Employers' Liability Act (45 U.S.C. Section 51 et seq.).
(c) This section does not affect any immunity, limitation on
damages, limitation on actions, or other limitation of liability or
protections applicable under other law to an authority or other
provider of public passenger rail services.
(d) The limitation of liability provided by this section
does not apply to damages arising from the wilful misconduct or
gross negligence of the railroad.
(e) The limitation of liability provided by this section
applies to an incident involving the National Railroad Passenger
Corporation using facilities of an authority under an agreement
with the authority.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 4. 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, 2013.