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Texas Vernon's Texas Civil Statutes - Article 9030. Excursion Train Operators; Certification; Limitation Of Liability

Legal Research Home > Texas Lawyer > Vernon's Texas Civil Statutes > Texas Vernon's Texas Civil Statutes - Article 9030. Excursion Train Operators; Certification; Limitation Of Liability

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.
	(c)  The comptroller may not certify an applicant under 
Subsection (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.
	(c)  The limitation of liability under Subsection (a) of this 
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.                            
	Be it further enacted:                                                         
	Sec. 2. Repealing Clause.--That all civil statutes of a 
general nature, in force when the Revised Statutes take effect, and 
which are not included herein, or which are not hereby expressly 
continued in force, are hereby repealed.

Last modified: August 10, 2007