CHAPTER 455. GENERAL POWERS AND DUTIES OF DEPARTMENT OF TRANSPORTATION REGARDING MASS TRANSPORTATION

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > 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.

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;

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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