By: Birdwell, et al. S.B. No. 975
(Schubert)
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 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:
(1) has the same authority granted to the Texas
Department of Transportation under Subchapter B, Chapter 111; and
(2) shall ensure that rules and standards adopted
under this subchapter are consistent with applicable federal rules,
regulations, and standards.
(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 operator
designated under Section 112.204(c).
Sec. 112.204. SECURITY. (a) A high-speed rail operator
shall:
(1) in the manner required by law for intercity
passenger railroads, implement all security requirements of the
Transportation Security Administration or its successor agency;
(2) conduct periodic risk-based threat and
vulnerability assessments; and
(3) in consultation with the Transportation Security
Administration, implement appropriate security measures in
response to results of the assessments, which may include:
(A) establishing effective intrusion protection
and access controls for railroad-owned facilities and the rail
corridor;
(B) instituting active or passive passenger
screening protocols; and
(C) providing appropriate levels of onboard
security for all revenue service trains.
(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 federal, state, and 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 safety and 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.