6 | 4 | | AN ACT |
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7 | 5 | | relating to the security of high-speed rail operated by a private |
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8 | 6 | | entity. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Chapter 112, Transportation Code, is amended by |
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11 | 9 | | adding Subchapter E to read as follows: |
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12 | 10 | | SUBCHAPTER E. SECURITY FOR HIGH-SPEED RAIL OPERATED BY PRIVATE |
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13 | 11 | | ENTITY |
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14 | 12 | | Sec. 112.201. DEFINITION. In this subchapter, "high-speed |
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15 | 13 | | rail" means passenger rail service that is reasonably expected to |
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16 | 14 | | reach speeds of at least 110 miles per hour. |
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17 | 15 | | Sec. 112.202. APPLICABILITY. This subchapter applies only |
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18 | 16 | | to high-speed rail operated by a private entity. |
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19 | 17 | | Sec. 112.203. DEPARTMENT OF PUBLIC SAFETY POWERS AND |
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20 | 18 | | DUTIES. (a) To the extent not preempted by federal law, the |
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21 | 19 | | Department of Public Safety: |
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22 | 20 | | (1) shall administer and enforce the provisions of |
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23 | 21 | | this subchapter; and |
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24 | 22 | | (2) may adopt rules as necessary to administer this |
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25 | 23 | | subchapter. |
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26 | 24 | | (b) In carrying out the powers and duties under this |
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27 | 25 | | subchapter, the Department of Public Safety: |
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28 | 26 | | (1) has the same authority granted to the Texas |
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29 | 27 | | Department of Transportation under Subchapter B, Chapter 111; and |
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30 | 28 | | (2) shall ensure that rules and standards adopted |
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31 | 29 | | under this subchapter are consistent with applicable federal rules, |
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32 | 30 | | regulations, and standards. |
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33 | 31 | | (c) The Department of Public Safety shall provide the |
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34 | 32 | | emergency management training course described by Section 418.005, |
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35 | 33 | | Government Code, to employees of a high-speed rail operator |
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36 | 34 | | designated under Section 112.204(c). |
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37 | 35 | | Sec. 112.204. SECURITY. (a) A high-speed rail operator |
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38 | 36 | | shall: |
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39 | 37 | | (1) in the manner required by law for intercity |
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40 | 38 | | passenger railroads, implement all security requirements of the |
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41 | 39 | | Transportation Security Administration or its successor agency; |
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42 | 40 | | (2) conduct periodic risk-based threat and |
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43 | 41 | | vulnerability assessments; and |
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44 | 42 | | (3) in consultation with the Transportation Security |
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45 | 43 | | Administration, implement appropriate security measures in |
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46 | 44 | | response to results of the assessments, which may include: |
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47 | 45 | | (A) establishing effective intrusion protection |
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48 | 46 | | and access controls for railroad-owned facilities and the rail |
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49 | 47 | | corridor; |
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50 | 48 | | (B) instituting active or passive passenger |
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51 | 49 | | screening protocols; and |
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52 | 50 | | (C) providing appropriate levels of onboard |
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53 | 51 | | security for all revenue service trains. |
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54 | 52 | | (b) A high-speed rail operator shall collect and |
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55 | 53 | | investigate security threat reports submitted by members of the |
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56 | 54 | | public. |
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57 | 55 | | (c) A high-speed rail operator shall: |
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58 | 56 | | (1) designate employees who are managers or |
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59 | 57 | | supervisors and whose position description, job duties, or |
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60 | 58 | | assignment includes emergency management responsibilities; and |
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61 | 59 | | (2) require those employees to complete the emergency |
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62 | 60 | | management training described by Section 418.005, Government Code. |
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63 | 61 | | (d) A high-speed rail operator may not use the services of a |
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64 | 62 | | peace officer employed by this state or a political subdivision of |
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65 | 63 | | this state unless the operator compensates the state or political |
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66 | 64 | | subdivision, as applicable, for the officer's time. |
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67 | 65 | | Sec. 112.205. COORDINATION WITH OTHER ENTITIES. (a) A |
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68 | 66 | | high-speed rail operator shall coordinate security activities and |
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69 | 67 | | investigations with federal, state, and local law enforcement |
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70 | 68 | | agencies, including by communicating about credible threats, major |
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71 | 69 | | events, and vulnerable places along the rail line or on a train. |
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72 | 70 | | (b) A high-speed rail operator shall communicate as |
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73 | 71 | | appropriate with the state Emergency Management Council and the |
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74 | 72 | | Texas Division of Emergency Management about safety and security |
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75 | 73 | | issues. |
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76 | 74 | | SECTION 2. This Act takes effect immediately if it receives |
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77 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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78 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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79 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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80 | 78 | | Act takes effect September 1, 2017. |
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