By: Birdwell S.B. No. 975
(In the Senate - Filed February 21, 2017; March 1, 2017,
read first time and referred to Committee on Transportation;
April 6, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; April 6, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the security of high-speed rail operated by a private
entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 112, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. SECURITY FOR HIGH-SPEED RAIL OPERATED BY PRIVATE
ENTITY
Sec. 112.201. DEFINITION. In this subchapter, "high-speed
rail" means intercity passenger rail service that is reasonably
expected to reach speeds of at least 110 miles per hour.
Sec. 112.202. APPLICABILITY. This subchapter applies only
to high-speed rail operated by a private entity.
Sec. 112.203. DEPARTMENT OF PUBLIC SAFETY POWERS AND
DUTIES. (a) To the extent not preempted by federal law, the
Department of Public Safety:
(1) shall administer and enforce the provisions of
this subchapter; and
(2) may adopt rules as necessary to administer this
subchapter.
(b) In carrying out the powers and duties under this
subchapter, the Department of Public Safety has the same authority
granted to the Texas Department of Transportation under Subchapter
B, Chapter 111.
(c) The Department of Public Safety shall provide the
emergency management training course described by Section 418.005,
Government Code, to employees of a high-speed rail line designated
under Section 112.204(c).
Sec. 112.204. SECURITY. (a) A high-speed rail operator
shall, in the manner required by law for Amtrak, as defined by 49
U.S.C. Section 24301, including by implementing any measures
required by regulations or guidelines adopted for Amtrak by the
Transportation Security Administration or a successor agency:
(1) establish secured areas;
(2) operate security screening stations; and
(3) provide on-board security for the entire rail
line.
(b) A high-speed rail operator shall collect and
investigate security threat reports submitted by members of the
public.
(c) A high-speed rail operator shall:
(1) designate employees who are managers or
supervisors and whose position description, job duties, or
assignment includes emergency management responsibilities; and
(2) require those employees to complete the emergency
management training described by Section 418.005, Government Code.
(d) A high-speed rail operator may not use the services of a
peace officer employed by this state or a political subdivision of
this state unless the operator compensates the state or political
subdivision, as applicable, for the officer's time.
Sec. 112.205. COORDINATION WITH OTHER ENTITIES. (a) A
high-speed rail operator shall coordinate security activities and
investigations with local law enforcement agencies, including by
communicating about credible threats, major events, and vulnerable
places along the rail line or on a train.
(b) A high-speed rail operator shall communicate as
appropriate with the state Emergency Management Council and the
Texas Division of Emergency Management about security issues.
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, 2017.
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