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