Texas 2017 - 85th Regular

Texas House Bill HB3445 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7989 AAF-F
2	2	By: Davis of Dallas H.B. No. 3445
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the state safety oversight program for
8	8	rail fixed guideway public transportation systems.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 455, Transportation Code,
11	11	is amended to read as follows:
12	12	CHAPTER 455. [GENERAL] POWERS AND DUTIES OF DEPARTMENT OF
13	13	TRANSPORTATION REGARDING MASS TRANSPORTATION
14	14	SECTION 2. Chapter 455, Transportation Code, is amended by
15	15	designating Sections 455.001 through 455.004 as Subchapter A and
16	16	adding a subchapter heading to read as follows:
17	17	SUBCHAPTER A. GENERAL POWERS AND DUTIES
18	18	SECTION 3. Section 455.002, Transportation Code, is amended
19	19	to read as follows:
20	20	Sec. 455.002. DEPARTMENT POWERS REGARDING MASS
21	21	TRANSPORTATION. The Texas Department of Transportation may:
22	22	(1) purchase, construct, lease, and contract for
23	23	public transportation systems;
24	24	(2) use the expertise of recognized private
25	25	authorities or consultants to plan and design public and mass
26	26	transportation systems;
27	27	(3) represent this state in each public and mass
28	28	transportation matter before a state or federal agency;
29	29	(4) subject to Section 455.052, apply for and receive
30	30	a gift or grant from a governmental or private source for use in
31	31	performing the department's functions under this chapter;
32	32	(5) contract as necessary to perform a function under
33	33	this chapter; and
34	34	(6) recommend legislation necessary to advance this
35	35	state's interest in public and mass transportation.
36	36	SECTION 4. Chapter 455, Transportation Code, is amended by
37	37	adding Subchapter B to read as follows:
38	38	SUBCHAPTER B. STATE SAFETY OVERSIGHT PROGRAM
39	39	Sec. 455.051. DEFINITION. In this subchapter, "rail fixed
40	40	guideway public transportation system" has the meaning assigned by
41	41	49 C.F.R. Section 674.7.
42	42	Sec. 455.052. DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY;
43	43	REQUIREMENTS AND PROHIBITIONS. (a) The department is designated
44	44	as the agency responsible for implementing a state safety oversight
45	45	program that satisfies the requirements of 49 U.S.C. Section
46	46	5329(e).
47	47	(b) Unless waived under 49 U.S.C. Section 5329(e), the
48	48	department:
49	49	(1) shall be financially and legally independent from
50	50	any rail fixed guideway public transportation system under the
51	51	oversight of the department; and
52	52	(2) may not employ an individual who is also employed
53	53	by a rail fixed guideway public transportation system under the
54	54	oversight of the department.
55	55	(c) The department may not directly provide public
56	56	transportation services in an area with a rail fixed guideway
57	57	public transportation system under the oversight of the department.
58	58	(d) A public transportation entity may not provide funds to
59	59	the department.
60	60	Sec. 455.053. OVERSIGHT. The department shall oversee all
61	61	safety aspects of rail fixed guideway public transportation systems
62	62	in accordance with 49 U.S.C. Section 5329, including the
63	63	development, implementation, and application of the public
64	64	transportation agency safety plan.
65	65	Sec. 455.054. ENFORCEMENT. The department shall:
66	66	(1) enforce federal and state laws on rail fixed
67	67	guideway public transportation safety;
68	68	(2) review, revise, approve, oversee, and enforce the
69	69	public transportation agency safety plan required under 49 U.S.C.
70	70	Section 5329(d), including the implementation by a rail fixed
71	71	guideway public transportation system of the system's plan;
72	72	(3) investigate and enforce the safety of rail fixed
73	73	guideway public transportation systems; and
74	74	(4) coordinate all enforcement responsibilities with
75	75	other governmental entities as needed.
76	76	Sec. 455.055. STAFFING LEVELS; TRAINING. (a) The
77	77	department, in consultation with the Federal Transit
78	78	Administration, shall determine an appropriate staffing level for
79	79	the state safety oversight program that is commensurate with the
80	80	number, size, and complexity of rail fixed guideway public
81	81	transportation systems in this state.
82	82	(b) The department shall ensure that the personnel who are
83	83	responsible for rail fixed guideway public transportation safety
84	84	oversight are qualified to perform oversight functions through
85	85	appropriate training, including the successful completion of the
86	86	public transportation safety certification training program
87	87	established under 49 U.S.C. Section 5329(c).
88	88	Sec. 455.056. AUDIT OF COMPLIANCE WITH PUBLIC
89	89	TRANSPORTATION AGENCY SAFETY PLAN. At least once every three
90	90	years, the department shall audit the compliance of the rail fixed
91	91	guideway public transportation systems in this state with the
92	92	public transportation agency safety plan required by 49 U.S.C.
93	93	Section 5329(d).
94	94	Sec. 455.057. ANNUAL STATUS REPORT. The department shall
95	95	provide an annual status report on the safety of the state's rail
96	96	fixed guideway public transportation systems to the governor, the
97	97	lieutenant governor, the speaker of the house of representatives,
98	98	the Federal Transit Administration, and the governing body of each
99	99	rail fixed guideway public transportation system under the
100	100	oversight of the department.
101	101	Sec. 455.058. USE OF CONTRACTOR. (a) The department may
102	102	enter into an agreement with a contractor to act on behalf of the
103	103	department in carrying out the duties of the department under this
104	104	subchapter.
105	105	(b) A contractor may not provide services to both the
106	106	department and a rail fixed guideway public transportation system
107	107	under the oversight of the department, unless the provision of
108	108	those services is authorized by a waiver issued by the Federal
109	109	Transit Administrator or the administrator's designee.
110	110	Sec. 455.059. CONFIDENTIAL INFORMATION. The data collected
111	111	for and the report of an investigation conducted under this
112	112	subchapter by the department or a contractor acting on behalf of the
113	113	department and any part of a rail fixed guideway public
114	114	transportation system safety plan that concerns security for the
115	115	system are confidential and not subject to disclosure under Chapter
116	116	552, Government Code.
117	117	Sec. 455.060. RULES. The commission shall adopt rules
118	118	necessary to implement this subchapter.
119	119	SECTION 5. Section 455.005, Transportation Code, is
120	120	repealed.
121	121	SECTION 6. Not later than March 1, 2019, the Texas
122	122	Transportation Commission shall adopt rules to implement
123	123	Subchapter B, Chapter 455, Transportation Code, as added by this
124	124	Act.
125	125	SECTION 7. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2017.