S.B. No. 1523

	AN ACT
	relating to the creation of the state safety oversight program for
	rail fixed guideway public transportation systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 455, Transportation Code,
	is amended to read as follows:
	CHAPTER 455.  [GENERAL] POWERS AND DUTIES OF DEPARTMENT OF
	TRANSPORTATION REGARDING MASS TRANSPORTATION
	SECTION 2.  Chapter 455, Transportation Code, is amended by
	designating Sections 455.001 through 455.004 as Subchapter A and
	adding a subchapter heading to read as follows:
	SUBCHAPTER A. GENERAL POWERS AND DUTIES
	SECTION 3.  Section 455.002, Transportation Code, is amended
	to read as follows:
	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)  subject to Section 455.052, 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.
	SECTION 4.  Chapter 455, Transportation Code, is amended by
	adding Subchapter B to read as follows:
	SUBCHAPTER B. STATE SAFETY OVERSIGHT PROGRAM
	Sec. 455.051.  DEFINITION. In this subchapter, "rail fixed
	guideway public transportation system" has the meaning assigned by
	49 C.F.R. Section 674.7.
	Sec. 455.052.  DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY;
	REQUIREMENTS AND PROHIBITIONS. (a)  The department is designated
	as the agency responsible for implementing a state safety oversight
	program that satisfies the requirements of 49 U.S.C. Section
	5329(e).
	(b)  Unless waived under 49 U.S.C. Section 5329(e), the
	department:
	(1)  shall be financially and legally independent from
	any rail fixed guideway public transportation system under the
	oversight of the department; and
	(2)  may not employ an individual who is also employed
	by a rail fixed guideway public transportation system under the
	oversight of the department.
	(c)  The department may not directly provide public
	transportation services in an area with a rail fixed guideway
	public transportation system under the oversight of the department.
	(d)  A public transportation entity may not provide funds to
	the department.
	Sec. 455.053.  OVERSIGHT. The department shall oversee all
	safety aspects of rail fixed guideway public transportation systems
	in accordance with 49 U.S.C. Section 5329, including the
	development, implementation, and application of the public
	transportation agency safety plan.
	Sec. 455.054.  ENFORCEMENT. The department shall:
	(1)  enforce federal and state laws on rail fixed
	guideway public transportation safety;
	(2)  review, revise, approve, oversee, and enforce the
	public transportation agency safety plan required under 49 U.S.C.
	Section 5329(d), including the implementation by a rail fixed
	guideway public transportation system of the system's plan;
	(3)  investigate and enforce the safety of rail fixed
	guideway public transportation systems; and
	(4)  coordinate all enforcement responsibilities with
	other governmental entities as needed.
	Sec. 455.055.  STAFFING LEVELS; TRAINING. (a)  The
	department, in consultation with the Federal Transit
	Administration, shall determine an appropriate staffing level for
	the state safety oversight program that is commensurate with the
	number, size, and complexity of rail fixed guideway public
	transportation systems in this state.
	(b)  The department shall ensure that the personnel who are
	responsible for rail fixed guideway public transportation safety
	oversight are qualified to perform oversight functions through
	appropriate training, including the successful completion of the
	public transportation safety certification training program
	established under 49 U.S.C. Section 5329(c).
	Sec. 455.056.  AUDIT OF COMPLIANCE WITH PUBLIC
	TRANSPORTATION AGENCY SAFETY PLAN. At least once every three
	years, the department shall audit the compliance of the rail fixed
	guideway public transportation systems in this state with the
	public transportation agency safety plan required by 49 U.S.C.
	Section 5329(d).
	Sec. 455.057.  ANNUAL STATUS REPORT. The department shall
	provide an annual status report on the safety of the state's rail
	fixed guideway public transportation systems to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	the Federal Transit Administration, and the governing body of each
	rail fixed guideway public transportation system under the
	oversight of the department.
	Sec. 455.058.  USE OF CONTRACTOR. (a)  The department may
	enter into an agreement with a contractor to act on behalf of the
	department in carrying out the duties of the department under this
	subchapter.
	(b)  A contractor may not provide services to both the
	department and a rail fixed guideway public transportation system
	under the oversight of the department unless the provision of those
	services is authorized by a waiver issued by the Federal Transit
	Administrator or the administrator's designee.
	Sec. 455.059.  CONFIDENTIAL INFORMATION. The data collected
	for and the report of an investigation conducted under this
	subchapter by the department or a contractor acting on behalf of the
	department and any part of a rail fixed guideway public
	transportation system safety plan that concerns security for the
	system are confidential and not subject to disclosure under Chapter
	552, Government Code.
	Sec. 455.060.  RULES. The commission shall adopt rules
	necessary to implement this subchapter.
	SECTION 5.  Section 455.005, Transportation Code, is
	repealed.
	SECTION 6.  Not later than March 1, 2019, the Texas
	Transportation Commission shall adopt rules to implement
	Subchapter B, Chapter 455, Transportation Code, as added by this
	Act.
	SECTION 7.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1523 passed the Senate on
	April 19, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1523 passed the House on
	May 19, 2017, by the following vote:  Yeas 144, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor