Sec. 455.005. RAIL FIXED GUIDEWAY MASS TRANSPORTATION SYSTEM SAFETY OVERSIGHT

(a) The department shall:

(1) oversee safety and security practices of rail fixed guideway mass transportation systems in compliance with 49 U.S.C. Section 5330;

(2) establish a safety program for each entity operating a rail fixed guideway mass transportation system within the state that provides:

(A) safety requirements that:

(i) at a minimum comply with the American Public Transit Association's guidelines published in the "Manual for the Development of Rail Transit System Safety Program Plans"; and

(ii) include standards for the personal security of passengers and employees of rail fixed guideway systems;

(B) lines of authority;

(C) levels of responsibility and accountability; and

(D) methods of documentation for the system;

(3) at least every three years conduct an on-site safety review of each entity's system safety program plan and prepare and issue a report containing findings and recommendations resulting from that review that, at a minimum, include an analysis of the efficacy of the system safety program plan and a determination of whether it should be updated;

(4) review and approve the annual internal safety audit conducted by an entity that operates a system;

(5) establish procedures for the investigation of accidents and unacceptable hazardous conditions;

(6) investigate accidents and unacceptable hazardous conditions at entities operating systems unless the National Transportation Safety Board has investigated or will investigate an accident;

(7) require, review, and approve any plan of an entity operating a system to minimize, control, correct, or eliminate any investigated accident or hazard; and

(8) submit reports or other information required by the United States Department of Transportation.

(b) The department may use a contractor to act on its behalf in carrying out the duties of the department under this section.

(c) The data collected and the report of any investigation conducted by the department or a contractor acting on behalf of the department:

(1) is confidential and subject to disclosure, inspection, or copying under Chapter 552, Government Code; but

(2) may not be admitted in evidence or used for any purpose in any action or proceeding arising out of any matter referred to in an investigation except in an action or a proceeding instituted by the state.

(d) Each entity operating a system shall:

(1) develop a system safety program plan that complies with the department's safety program plan standards;

(2) conduct an annual internal safety audit and submit the audit report to the department;

(3) report accidents and unacceptable hazardous conditions to the department in writing or by electronic means acceptable to the department;

(4) minimize, control, correct, or eliminate any investigated unacceptable hazardous condition as required by the department; and

(5) provide all necessary assistance to allow the department to conduct appropriate on-site investigations of accidents and unacceptable hazardous conditions.

(e) Any part of a system safety program plan that concerns security for the system:

(1) is confidential and not subject to disclosure, inspection, or copying under Chapter 552, Government Code; and

(2) may not be admitted in evidence or used for any purpose in any action or proceeding arising out of any matter referred to in an investigation except in an action or a proceeding instituted by the state.

(f) The commission shall adopt rules to implement this section.

(g) Notwithstanding any other provision of law to the contrary, the commission, the department, or an officer, employee, or agent of the commission or department is not liable for any act or omission in the implementation of this section.

(h) In this section:

(1) "Accident" means:

(A) any event involving the revenue service operation of a rail fixed guideway system as a result of which an individual:

(i) dies; or

(ii) suffers bodily injury and immediately receives medical treatment away from the scene of the event; or

(B) a collision, derailment, or fire that causes property damage in excess of $100,000.

(2) "Commission" means the Texas Transportation Commission.

(3) "Department" means the Texas Department of Transportation.

(4) "Hazardous condition" means a condition that may endanger human life or property, including an unacceptable hazardous condition.

(5) "Investigation" means a process to determine the probable cause of an accident or an unacceptable hazardous condition. The term includes a review and approval of the transit agency's determination of the probable cause of an accident or unacceptable hazardous condition.

(6) "Rail fixed guideway mass transportation system" or "system" means any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway used for mass transportation that is included in the United States government's computation of fixed guideway route miles or receives funding for urbanized areas under 49 U.S.C. Section 5336 and is not regulated by the United States government.

(7) "Safety" means freedom from danger.

(8) "Security" means freedom from intentional danger.

(9) "Unacceptable hazardous condition" means a hazardous condition determined to be unacceptable using the American Public Transit Association's guidelines' hazard resolution matrix.

Added by Acts 1997, 75th Leg., ch. 492, Sec. 1, eff. May 31, 1997.