CHAPTER 455. GENERAL POWERS AND DUTIES OF DEPARTMENT OF TRANSPORTATION REGARDING MASS TRANSPORTATION
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE K. MASS TRANSPORTATION
CHAPTER 455. GENERAL POWERS AND DUTIES OF DEPARTMENT OF
TRANSPORTATION REGARDING MASS TRANSPORTATION
Sec. 455.001. DEPARTMENT DUTIES REGARDING MASS TRANSPORTATION.
The Texas Department of Transportation shall:
(1) encourage, foster, and assist in developing intracity and
intercity public and mass transportation;
(2) encourage the establishment of rapid transit and other
transportation media;
(3) assist any political subdivision of this state to obtain
federal aid to establish or maintain a public or mass
transportation system;
(4) develop and maintain a comprehensive master plan for public
and mass transportation development; and
(5) conduct hearings and make investigations to determine the
location, type of construction, and cost to the state or its
political subdivisions of a public mass transportation system
owned, operated, or wholly or partly directly financed by the
state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 455.002. DEPARTMENT POWERS REGARDING MASS TRANSPORTATION.
The Texas Department of Transportation may:
(1) purchase, construct, lease, and contract for public
transportation systems;
(2) use the expertise of recognized private authorities or
consultants to plan and design public and mass transportation
systems;
(3) represent this state in each public and mass transportation
matter before a state or federal agency;
(4) apply for and receive a gift or grant from a governmental or
private source for use in performing the department's functions
under this chapter;
(5) contract as necessary to perform a function under this
chapter; and
(6) recommend legislation necessary to advance this state's
interest in public and mass transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 455.003. RESTRICTION ON USE OF EMINENT DOMAIN. The Texas
Department of Transportation may not use eminent domain for a
purpose under this chapter in a way that:
(1) unduly interferes with interstate commerce; or
(2) establishes a right to operate a vehicle on a railroad track
used to transport property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 455.004. PUBLIC TRANSPORTATION ADVISORY COMMITTEE. (a) A
public transportation advisory committee consisting of nine
members shall:
(1) advise the commission on the needs and problems of the
state's public transportation providers, including the methods
for allocating state public transportation money;
(2) comment on rules involving public transportation during
development of the rules and before the commission finally adopts
the rules unless an emergency requires immediate commission
action;
(3) advise the commission on the implementation of Chapter 461;
(4) perform any other duty determined by the commission; and
(5) reflect the diversity of the state.
(b) The members of the committee shall be appointed by the
governor, the lieutenant governor, and the speaker of the house
of representatives, who shall each appoint:
(1) one member who represents a diverse cross-section of public
transportation providers;
(2) one member who represents a diverse cross-section of
transportation users; and
(3) one member who represents the general public.
(c) A member serves at the pleasure of the officer who appointed
the member. A member is not entitled to compensation for service
on the committee but is entitled to reimbursement for reasonable
expenses the member incurs in performing committee duties.
(d) The public transportation advisory committee shall meet as
requested by the commission.
(e) The commission may adopt rules to govern the operation of
the advisory committee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 13.03, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 4.01, eff. June 14, 2005.
Acts 2009, 81st Leg., R.S., Ch.
117, Sec. 1, eff. September 1, 2009.
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.