Law:Title 112. Railroads from Chapter 8. Restrictions, Duties And Liabilities (Texas)

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Contents

Chapter 8. Restrictions, Duties And Liabilities

Art. 6419a. ENGINEER'S OPERATOR PERMITS.

Issuance of Permit

Section 1.

(a) A railroad company shall issue to each person that it employs to operate or permits to operate a railroad locomotive in this state an engineer's operator permit. A permit must include the engineer's name, address, physical description, photograph, and date of birth.

(b) A railroad company shall issue to each person that it employs to operate or permits to operate a train in this state, other than a person issued a permit under Subsection (a) of this section, a trainman's permit. A permit must include the trainman's name, address, physical description, photograph, and date of birth.

Operation of locomotive or train

Section 2.

(a) A person operating a railroad locomotive in this state shall have in his or her immediate possession an engineer's operator permit issued under this Act.

(b) A person operating a train in this state, other than a person issued a permit under Section 1(a) of this Act, shall have in his or her immediate possession a trainman's permit issued under this Act.

Proof of Identification

Section 3.

A person who operates a railroad locomotive or train and who is required by a peace officer to show proof of identification in connection with the person's operation of a locomotive or train shall display the person's permit issued under this Act and may not be required to display an operator's, commercial operator's, or chauffeur's driver's license issued under Chapter 173, Acts of the 47th Legislature, Regular Session, 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).

Records Relating to Accidents or Violations

Section 4.

If a person operating a railroad locomotive or train is involved in an accident with another train or a motor vehicle or is arrested for violation of a law relating to the person's operation of a locomotive or train, the number or other identifying information about the person's operator's, commercial operator's, or chauffeur's driver's license may not be included in any report of the accident or violation, and the person's involvement in the accident or violation may not be recorded in the person's individual driving record maintained by the Department of Public Safety.

Acts 1981, 67th Leg., p. 551, ch. 232, eff. Aug. 31, 1981. Amended by Acts 1991, 72nd Leg., ch. 340, Sec. 1, eff. Jan. 1, 1992.



Art. 6419c. HAZARDOUS MATERIALS; REPORTS.

Definitions

Section 1.

In this Act:

(1) "Commission" means the Railroad Commission of Texas.

(2) "Emergency management program" means an emergency management program established under Subchapter E, Chapter 418, Government Code.

(3)  "Division of emergency management" means the Texas Division of Emergency Management.

(4) "Hazardous material" means any substance the transportation by railroad of which is included within the coverage of rail car placarding requirements of regulations adopted by the federal Department of Transportation and published in Title 49, Code of Federal Regulations.

Reporting requirements

Section 2. (a) A R

ailroad company that transports hazardous materials in or through the state shall file with the commission a copy of each hazardous materials incident report that the company files with the federal Department of Transportation in accordance with 49 C.F.R. 171.16, not later than the 15th day after the date that the incident that forms the basis of the report is discovered.

(b) Not later than April 1 of each year, a railroad company that transports hazardous materials in or through the state shall provide to the commission:

(1) a map depicting the location of each railroad main line and branch line that the company owns, leases, or operates in the state;

(2) a map delineating the geographical limits of the railroad company operating divisions or districts and the principal operating officer for the railroad company in each operating division or district;

(3) a primary and secondary telephone number for the railroad company dispatcher responsible for train operations in each operating division or district;

(4) a list of each type of hazardous material by hazard class and the quantity of the material transported over each railroad line owned, leased, or operated by the railroad company during the preceding year; and

(5) the name and address of the railroad company employee in charge of training persons to handle an incident related to hazardous materials.

(c) For the purposes of Subdivision (4) of Subsection (b) of this section, "hazard class" means any one of the following, as defined by 49 C.F.R. 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262:

(1) radioactive material;

(2) explosives, Class A;

(3) explosives, Class B;

(4) poison A;

(5) poison B;

(6) flammable gas;

(7) nonflammable gas;

(8) flammable liquid;

(9) oxidizer;

(10) flammable solid;

(11) corrosive material;

(12) combustible liquid;

(13) etiologic agent;

(14) other regulated material (ORM); or

(15) hazardous waste.

(d) If a substance fits the definitions of more than one hazard class, the substance must be classified in accordance with the sequence stated in 49 C.F.R. 173.2.

Distribution

Section 3.

(a) The commission shall compile information submitted to the commission under this Act for distribution to local emergency management agencies located in jurisdictions containing reported railroad operations.

(b) At least once each year the division of emergency management shall distribute the information compiled by the commission to the appropriate officials for inclusion in local emergency management plans.

Acts 1989, 71st Leg., ch. 350, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.11, eff. September 1, 2009.


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