Texas 2017 - 85th Regular

Texas Senate Bill SB1523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1523
	1	+	By: Nichols S.B. No. 1523
	2	+	(Davis of Dallas)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the state safety oversight program for
6	8		rail fixed guideway public transportation systems.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. The heading to Chapter 455, Transportation Code,
9	11		is amended to read as follows:
10	12		CHAPTER 455. [GENERAL] POWERS AND DUTIES OF DEPARTMENT OF
11	13		TRANSPORTATION REGARDING MASS TRANSPORTATION
12	14		SECTION 2. Chapter 455, Transportation Code, is amended by
13	15		designating Sections 455.001 through 455.004 as Subchapter A and
14	16		adding a subchapter heading to read as follows:
15	17		SUBCHAPTER A. GENERAL POWERS AND DUTIES
16	18		SECTION 3. Section 455.002, Transportation Code, is amended
17	19		to read as follows:
18	20		Sec. 455.002. DEPARTMENT POWERS REGARDING MASS
19	21		TRANSPORTATION. The Texas Department of Transportation may:
20	22		(1) purchase, construct, lease, and contract for
21	23		public transportation systems;
22	24		(2) use the expertise of recognized private
23	25		authorities or consultants to plan and design public and mass
24	26		transportation systems;
25	27		(3) represent this state in each public and mass
26	28		transportation matter before a state or federal agency;
27	29		(4) subject to Section 455.052, apply for and receive
28	30		a gift or grant from a governmental or private source for use in
29	31		performing the department's functions under this chapter;
30	32		(5) contract as necessary to perform a function under
31	33		this chapter; and
32	34		(6) recommend legislation necessary to advance this
33	35		state's interest in public and mass transportation.
34	36		SECTION 4. Chapter 455, Transportation Code, is amended by
35	37		adding Subchapter B to read as follows:
36	38		SUBCHAPTER B. STATE SAFETY OVERSIGHT PROGRAM
37	39		Sec. 455.051. DEFINITION. In this subchapter, "rail fixed
38	40		guideway public transportation system" has the meaning assigned by
39	41		49 C.F.R. Section 674.7.
40	42		Sec. 455.052. DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY;
41	43		REQUIREMENTS AND PROHIBITIONS. (a) The department is designated
42	44		as the agency responsible for implementing a state safety oversight
43	45		program that satisfies the requirements of 49 U.S.C. Section
44	46		5329(e).
45	47		(b) Unless waived under 49 U.S.C. Section 5329(e), the
46	48		department:
47	49		(1) shall be financially and legally independent from
48	50		any rail fixed guideway public transportation system under the
49	51		oversight of the department; and
50	52		(2) may not employ an individual who is also employed
51	53		by a rail fixed guideway public transportation system under the
52	54		oversight of the department.
53	55		(c) The department may not directly provide public
54	56		transportation services in an area with a rail fixed guideway
55	57		public transportation system under the oversight of the department.
56	58		(d) A public transportation entity may not provide funds to
57	59		the department.
58	60		Sec. 455.053. OVERSIGHT. The department shall oversee all
59	61		safety aspects of rail fixed guideway public transportation systems
60	62		in accordance with 49 U.S.C. Section 5329, including the
61	63		development, implementation, and application of the public
62	64		transportation agency safety plan.
63	65		Sec. 455.054. ENFORCEMENT. The department shall:
64	66		(1) enforce federal and state laws on rail fixed
65	67		guideway public transportation safety;
66	68		(2) review, revise, approve, oversee, and enforce the
67	69		public transportation agency safety plan required under 49 U.S.C.
68	70		Section 5329(d), including the implementation by a rail fixed
69	71		guideway public transportation system of the system's plan;
70	72		(3) investigate and enforce the safety of rail fixed
71	73		guideway public transportation systems; and
72	74		(4) coordinate all enforcement responsibilities with
73	75		other governmental entities as needed.
74	76		Sec. 455.055. STAFFING LEVELS; TRAINING. (a) The
75	77		department, in consultation with the Federal Transit
76	78		Administration, shall determine an appropriate staffing level for
77	79		the state safety oversight program that is commensurate with the
78	80		number, size, and complexity of rail fixed guideway public
79	81		transportation systems in this state.
80	82		(b) The department shall ensure that the personnel who are
81	83		responsible for rail fixed guideway public transportation safety
82	84		oversight are qualified to perform oversight functions through
83	85		appropriate training, including the successful completion of the
84	86		public transportation safety certification training program
85	87		established under 49 U.S.C. Section 5329(c).
86	88		Sec. 455.056. AUDIT OF COMPLIANCE WITH PUBLIC
87	89		TRANSPORTATION AGENCY SAFETY PLAN. At least once every three
88	90		years, the department shall audit the compliance of the rail fixed
89	91		guideway public transportation systems in this state with the
90	92		public transportation agency safety plan required by 49 U.S.C.
91	93		Section 5329(d).
92	94		Sec. 455.057. ANNUAL STATUS REPORT. The department shall
93	95		provide an annual status report on the safety of the state's rail
94	96		fixed guideway public transportation systems to the governor, the
95	97		lieutenant governor, the speaker of the house of representatives,
96	98		the Federal Transit Administration, and the governing body of each
97	99		rail fixed guideway public transportation system under the
98	100		oversight of the department.
99	101		Sec. 455.058. USE OF CONTRACTOR. (a) The department may
100	102		enter into an agreement with a contractor to act on behalf of the
101	103		department in carrying out the duties of the department under this
102	104		subchapter.
103	105		(b) A contractor may not provide services to both the
104	106		department and a rail fixed guideway public transportation system
105	107		under the oversight of the department unless the provision of those
106	108		services is authorized by a waiver issued by the Federal Transit
107	109		Administrator or the administrator's designee.
108	110		Sec. 455.059. CONFIDENTIAL INFORMATION. The data collected
109	111		for and the report of an investigation conducted under this
110	112		subchapter by the department or a contractor acting on behalf of the
111	113		department and any part of a rail fixed guideway public
112	114		transportation system safety plan that concerns security for the
113	115		system are confidential and not subject to disclosure under Chapter
114	116		552, Government Code.
115	117		Sec. 455.060. RULES. The commission shall adopt rules
116	118		necessary to implement this subchapter.
117	119		SECTION 5. Section 455.005, Transportation Code, is
118	120		repealed.
119	121		SECTION 6. Not later than March 1, 2019, the Texas
120	122		Transportation Commission shall adopt rules to implement
121	123		Subchapter B, Chapter 455, Transportation Code, as added by this
122	124		Act.
123	125		SECTION 7. This Act takes effect immediately if it receives
124	126		a vote of two-thirds of all the members elected to each house, as
125	127		provided by Section 39, Article III, Texas Constitution. If this
126	128		Act does not receive the vote necessary for immediate effect, this
127	129		Act takes effect September 1, 2017.
128		-	______________________________ ______________________________
129		-	President of the Senate Speaker of the House
130		-	I hereby certify that S.B. No. 1523 passed the Senate on
131		-	April 19, 2017, by the following vote: Yeas 31, Nays 0.
132		-	______________________________
133		-	Secretary of the Senate
134		-	I hereby certify that S.B. No. 1523 passed the House on
135		-	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
136		-	present not voting.
137		-	______________________________
138		-	Chief Clerk of the House
139		-	Approved:
140		-	______________________________
141		-	Date
142		-	______________________________
143		-	Governor