2005 Texas Transportation Code CHAPTER 455. GENERAL POWERS AND DUTIES OF DEPARTMENT OF TRANSPORTATION REGARDING MASS TRANSPORTATION

TRANSPORTATION CODE

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


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 455.0015. TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND 
HUMAN SERVICES AGENCIES.  (a) In performing its public 
transportation planning and funding activities, the department 
shall consider and include the transportation needs of those 
persons who are clients of the health and human services agencies of 
this state.
	(b)  It is the intent of the legislature that, whenever 
possible, and to the maximum extent feasible, the existing network 
of transportation providers, and in particular the fixed route 
components of the existing networks, be used to meet the client 
transportation requirements of the state's social service agencies 
and their agents.  The legislature recognizes the contributions of 
nonprofit entities dedicated to providing social services and 
related activities and encourages the continued community 
involvement of these entities in this area.  The legislature 
likewise recognizes the potential cost savings and other benefits 
for utilizing existing private sector transportation resources.  
The department will contract with and promote the use of private 
sector transportation resources to the maximum extent feasible 
consistent with the goals of this subsection.
	(c)  The Texas Department of Health and the Health and Human 
Services Commission shall contract with the department for the 
department to assume all responsibilities of the Texas Department 
of Health and the Health and Human Services Commission relating to 
the provision of transportation services for clients of eligible 
programs.  The department shall hold at least one public hearing to 
solicit the views of the public concerning the transition of 
transportation services to the department under this subsection and 
shall meet with and consider the views of interested persons, 
including persons representing transportation clients.
	(d)  The department may contract with any public or private 
transportation provider or with any regional transportation broker 
for the provision of public transportation services.

Added by Acts 1997, 75th Leg., ch. 1171, § 1.28, eff. Sept. 1, 
1997.  Amended by Acts 2003, 78th Leg., ch. 198, § 2.127, eff. 
Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1325, § 13.02, eff. 
Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 455.004. PUBLIC TRANSPORTATION ADVISORY 
COMMITTEE.  (a) A public transportation advisory committee 
consisting of 11 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;  and       
		(4)  perform any other duty determined by the 
commission.                   
	(b)  The commission shall appoint members of the advisory 
committee.  The membership of the committee shall include:
		(1)  four members who represent a diverse cross-section 
of public transportation providers;
		(2)  three members who represent a diverse 
cross-section of transportation users;  
		(3)  three members who represent the general public;  
and                   
		(4)  one member with experience in the administration 
of health and human services programs.
	(c)  A member serves at the pleasure of the commission.  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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2003, 78th Leg., ch. 1325, § 13.03, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 281, § 4.01, eff. June 14, 2005.


	§ 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;                                                     
			(C)  levels of responsibility and accountability;  
and                     
			(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.
	(c)  The data collected and the report of any investigation 
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, § 1, eff. May 31, 1997.