S.B. No. 1523
AN ACT
relating to the creation of the state safety oversight program for
rail fixed guideway public transportation systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 455, Transportation Code,
is amended to read as follows:
CHAPTER 455. [GENERAL] POWERS AND DUTIES OF DEPARTMENT OF
TRANSPORTATION REGARDING MASS TRANSPORTATION
SECTION 2. Chapter 455, Transportation Code, is amended by
designating Sections 455.001 through 455.004 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL POWERS AND DUTIES
SECTION 3. Section 455.002, Transportation Code, is amended
to read as follows:
Sec. 455.002. DEPARTMENT POWERS REGARDING MASS
TRANSPORTATION. The Texas Department of Transportation may:
(1) purchase, construct, lease, and contract for
public transportation systems;
(2) use the expertise of recognized private
authorities or consultants to plan and design public and mass
transportation systems;
(3) represent this state in each public and mass
transportation matter before a state or federal agency;
(4) subject to Section 455.052, apply for and receive
a gift or grant from a governmental or private source for use in
performing the department's functions under this chapter;
(5) contract as necessary to perform a function under
this chapter; and
(6) recommend legislation necessary to advance this
state's interest in public and mass transportation.
SECTION 4. Chapter 455, Transportation Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. STATE SAFETY OVERSIGHT PROGRAM
Sec. 455.051. DEFINITION. In this subchapter, "rail fixed
guideway public transportation system" has the meaning assigned by
49 C.F.R. Section 674.7.
Sec. 455.052. DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY;
REQUIREMENTS AND PROHIBITIONS. (a) The department is designated
as the agency responsible for implementing a state safety oversight
program that satisfies the requirements of 49 U.S.C. Section
5329(e).
(b) Unless waived under 49 U.S.C. Section 5329(e), the
department:
(1) shall be financially and legally independent from
any rail fixed guideway public transportation system under the
oversight of the department; and
(2) may not employ an individual who is also employed
by a rail fixed guideway public transportation system under the
oversight of the department.
(c) The department may not directly provide public
transportation services in an area with a rail fixed guideway
public transportation system under the oversight of the department.
(d) A public transportation entity may not provide funds to
the department.
Sec. 455.053. OVERSIGHT. The department shall oversee all
safety aspects of rail fixed guideway public transportation systems
in accordance with 49 U.S.C. Section 5329, including the
development, implementation, and application of the public
transportation agency safety plan.
Sec. 455.054. ENFORCEMENT. The department shall:
(1) enforce federal and state laws on rail fixed
guideway public transportation safety;
(2) review, revise, approve, oversee, and enforce the
public transportation agency safety plan required under 49 U.S.C.
Section 5329(d), including the implementation by a rail fixed
guideway public transportation system of the system's plan;
(3) investigate and enforce the safety of rail fixed
guideway public transportation systems; and
(4) coordinate all enforcement responsibilities with
other governmental entities as needed.
Sec. 455.055. STAFFING LEVELS; TRAINING. (a) The
department, in consultation with the Federal Transit
Administration, shall determine an appropriate staffing level for
the state safety oversight program that is commensurate with the
number, size, and complexity of rail fixed guideway public
transportation systems in this state.
(b) The department shall ensure that the personnel who are
responsible for rail fixed guideway public transportation safety
oversight are qualified to perform oversight functions through
appropriate training, including the successful completion of the
public transportation safety certification training program
established under 49 U.S.C. Section 5329(c).
Sec. 455.056. AUDIT OF COMPLIANCE WITH PUBLIC
TRANSPORTATION AGENCY SAFETY PLAN. At least once every three
years, the department shall audit the compliance of the rail fixed
guideway public transportation systems in this state with the
public transportation agency safety plan required by 49 U.S.C.
Section 5329(d).
Sec. 455.057. ANNUAL STATUS REPORT. The department shall
provide an annual status report on the safety of the state's rail
fixed guideway public transportation systems to the governor, the
lieutenant governor, the speaker of the house of representatives,
the Federal Transit Administration, and the governing body of each
rail fixed guideway public transportation system under the
oversight of the department.
Sec. 455.058. USE OF CONTRACTOR. (a) The department may
enter into an agreement with a contractor to act on behalf of the
department in carrying out the duties of the department under this
subchapter.
(b) A contractor may not provide services to both the
department and a rail fixed guideway public transportation system
under the oversight of the department unless the provision of those
services is authorized by a waiver issued by the Federal Transit
Administrator or the administrator's designee.
Sec. 455.059. CONFIDENTIAL INFORMATION. The data collected
for and the report of an investigation conducted under this
subchapter by the department or a contractor acting on behalf of the
department and any part of a rail fixed guideway public
transportation system safety plan that concerns security for the
system are confidential and not subject to disclosure under Chapter
552, Government Code.
Sec. 455.060. RULES. The commission shall adopt rules
necessary to implement this subchapter.
SECTION 5. Section 455.005, Transportation Code, is
repealed.
SECTION 6. Not later than March 1, 2019, the Texas
Transportation Commission shall adopt rules to implement
Subchapter B, Chapter 455, Transportation Code, as added by this
Act.
SECTION 7. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1523 passed the Senate on
April 19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1523 passed the House on
May 19, 2017, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor