| 1 | 1 | | 87R6138 DRS-F |
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| 2 | 2 | | By: Raymond H.B. No. 3954 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the safety standards of certain rail employees; |
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| 8 | 8 | | requiring an occupational permit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 199, Transportation Code, is amended by |
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| 11 | 11 | | adding Section 199.004 to read as follows: |
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| 12 | 12 | | Sec. 199.004. SAFETY STANDARDS FOR CERTAIN RAIL EMPLOYEES. |
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| 13 | 13 | | (a) In this section, "covered rail employee" means a railroad |
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| 14 | 14 | | employee whose primary reporting point is in the United Mexican |
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| 15 | 15 | | States. |
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| 16 | 16 | | (b) A railroad may not employ a covered rail employee to |
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| 17 | 17 | | perform a railroad service in this state unless the railroad: |
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| 18 | 18 | | (1) obtains from the department a permit that |
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| 19 | 19 | | authorizes covered rail employees to perform those services; and |
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| 20 | 20 | | (2) certifies to the department as part of the |
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| 21 | 21 | | permitting process that each covered rail employee is in compliance |
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| 22 | 22 | | with the safety standards applicable to a railroad employee whose |
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| 23 | 23 | | primary reporting point is in the United States. |
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| 24 | 24 | | (c) The department shall publish in the Texas Register |
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| 25 | 25 | | notice of an application for a permit to employ covered rail |
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| 26 | 26 | | employees not later than the fifth day after the department |
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| 27 | 27 | | receives the application. The notice must contain: |
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| 28 | 28 | | (1) the application; and |
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| 29 | 29 | | (2) any supporting documentation. |
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| 30 | 30 | | (d) For each application for a permit under this section, |
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| 31 | 31 | | the department shall: |
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| 32 | 32 | | (1) hold a public hearing; |
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| 33 | 33 | | (2) allow public comment for at least 30 days before |
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| 34 | 34 | | making a decision on the permit; |
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| 35 | 35 | | (3) publish in the Texas Register the department's |
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| 36 | 36 | | decision on the application; and |
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| 37 | 37 | | (4) notify each standing committee of the legislature |
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| 38 | 38 | | with jurisdiction over railroad safety of the department's decision |
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| 39 | 39 | | on the application. |
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| 40 | 40 | | (e) In making a decision on an application for a permit |
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| 41 | 41 | | under this section, the department may: |
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| 42 | 42 | | (1) inspect a railroad's safety training of covered |
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| 43 | 43 | | rail employees; and |
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| 44 | 44 | | (2) access any rail facility where safety training is |
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| 45 | 45 | | conducted, including a rail facility from which trains are |
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| 46 | 46 | | dispatched to the border with the United Mexican States. |
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| 47 | 47 | | (f) The commission shall adopt rules necessary to implement |
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| 48 | 48 | | this section. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2021. |
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