CHAPTER 20. MISCELLANEOUS
VERNON'S CIVIL STATUTES
TITLE 132. OCCUPATIONAL AND BUSINESS REGULATION
CHAPTER 20. MISCELLANEOUS
Art. 9010. PEDDLING OF PRINTED MATTER BY DEAF OR MUTE PERSONS.
It shall be unlawful for any person to peddle or use a finger
alphabet card or other printed matter stating in effect that the
person is deaf and/or mute, in a manner calculated to play upon
the sympathy of another in the solicitation of a contribution or
donation. Any person violating any provision hereof shall be
deemed guilty of a misdemeanor and upon conviction shall be
punished by imprisonment in the county jail for not more than
sixty (60) days or by a fine of not less than Ten Dollars ($10)
nor more than Fifty Dollars ($50), or by both imprisonment and
fine.
Acts 1959, 56th Leg., p. 1066, ch. 487, Sec. 1.
Art. 9023d. DISPOSAL OF COMPUTER EQUIPMENT BY CHARITABLE
ORGANIZATION. (a) In this article:
(1) "Computer equipment" includes computers, telecommunications
devices and systems, automated information systems, and
peripheral devices and hardware that are necessary to the
efficient installation and operation of that equipment, but does
not include computer software.
(2) "Charitable organization" has the meaning assigned by Section
84.003, Civil Practice and Remedies Code.
(b) Except as provided by Subsections (c) and (d) of this
article, a charitable organization that expends funds received
from the state, whether by appropriation, grant, or otherwise, to
purchase computer equipment may not dispose of or discard the
equipment before the fourth anniversary of the date the
organization purchased the equipment.
(c) This article does not prohibit:
(1) the sale or trade of computer equipment; or
(2) the disposal of equipment that is not operational.
(d) A charitable organization may dispose of computer equipment
purchased with state funds within the four-year period after the
date of purchase by donating the equipment to another charitable
organization.
(e) This article applies only to computer equipment that a
charitable organization purchases for at least $500.
(f) The comptroller shall adopt rules to implement this article.
Added by Acts 1997, 75th Leg., ch. 1087, Sec. 1, eff. Sept. 1,
1997.
Art. 9030. EXCURSION TRAIN OPERATORS; CERTIFICATION; LIMITATION
OF LIABILITY.
Certification
Sec. 1. (a) A person may apply to the comptroller for
certification as an operator of an excursion train. The
comptroller shall certify an applicant if the comptroller
determines that the applicant will operate a passenger train
that:
(1) is primarily used for tourism or public service; and
(2) leads to the promotion of the tourist industry in Texas.
(b) The comptroller may not certify a person under Subsection (a)
of this section unless the person files with the comptroller
evidence of insurance providing coverage for liability resulting
from injury to persons or damages to property in the amount of at
least $5,000,000 for the operation of the train.
(c) The comptroller may not certify an applicant under Subsection
(a) of this section if the applicant or any person that owns an
interest in the applicant also owns or operates a regularly
scheduled passenger train service with interstate connections.
Limitation of Liability
Sec. 2. (a) A person that is certified as an operator of an
excursion train under Section 1(a) of this Act and maintains
insurance in the minimum amount required under Section 1(b) of
this Act is not liable for injury or damages over $5,000,000
resulting from a single occurrence.
(b) The limitation of liability under Subsection (a) of this
section applies to the person certified as an operator under
Section 1(a) of this Act, the owner of equipment used by the
excursion train, the owner of track used by the excursion train,
and the host carrier.
(c) The limitation of liability under Subsection (a) of this
section does not apply if:
(1) the injury or damages result from intentional, malicious, or
grossly negligent conduct; or
(2) at the time of the injury or damages the operator of the
excursion train:
(A) failed to maintain insurance as required under Section 1(b)
of this Act; or
(B) failed to comply with Section 5 of this Act.
Application
Sec. 3. An application made under Section 1 of this Act must
include:
(1) the name and address of each person who owns an interest of
at least 10 percent in the applicant;
(2) an address in this state at which the excursion train is
based;
(3) an operations plan including the route to be used and a
schedule of operations and stops along the route; and
(4) evidence of insurance in an amount that meets the
requirements of Section 1(b) of this Act.
Notice to Passengers
Sec. 4. The operator of an excursion train that is certified
under Section 1(a) of this Act shall:
(1) issue each passenger a ticket with the following statement in
12-point boldface type: "THE OPERATOR OF THIS TRAIN IS NOT LIABLE
FOR PERSONAL INJURY OR WRONGFUL DEATH IN AN AMOUNT IN EXCESS OF
$5,000,000"; and
(2) post notice near a passenger boarding area containing the
same statement required in Subdivision (1) of this section in
letters that are at least two inches high.
Restrictions
Sec. 5. The operator of an excursion train that is certified
under Section 1(a) of this Act may not carry:
(1) freight other than the personal luggage of the passengers or
crew or supplies and equipment necessary to serve the needs of
the passengers and crew;
(2) passengers who are commuting to work; or
(3) passengers who are traveling to their final destination
solely for business or commercial purposes.
Acts 1995, 74th Leg., ch. 910, eff. Sept. 1, 1995.