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Statutes > Texas > Vernon-s-civil-statutes > Title-132-occupational-and-business-regulation > 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.

(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.

(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.

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.