TRANSPORTATION CODE

CHAPTER 452. REGIONAL TRANSPORTATION AUTHORITIES

Revised Law

Sec. 452.0561.  LIABILITY OF TRANSPORTATION ENTITY PROVIDING PUBLIC TRANSPORTATION.  (a)  This section applies only to a transportation entity created under:

(1)  Subtitle C or D of Title 5 or Chapter 172, 173, or 174; or

(2)  former Title 112, Revised Statutes.

(b)  A transportation entity created for the purpose of providing public transportation is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the entity are essential governmental functions and not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.

(c)  An independent contractor of a transportation entity performing a function of the entity or an authority  is liable for damages only to the extent that the entity or authority would be liable if the entity or authority itself were performing the function. (V.A.C.S. Art. 6550d.)

Source Law

Art. 6550d. A transportation entity created under this title for the purpose of providing public transportation as defined by Section 452.001, Transportation Code, is a governmental unit as that term is defined by the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code), and all operations of the entity are essential governmental functions and not proprietary functions for all purposes, including the application of the Texas Tort Claims Act.  If an independent contractor of the entity is performing a function of the entity or of a regional transportation authority operating under Chapter 452, Transportation Code, the contractor is liable for damages only to the extent that the entity or authority would be liable if the entity or authority itself were performing the function.

Revisor's Note

V.A.C.S. Article 6550d refers to a transportation entity created under "this title," meaning Title 112, Revised Statutes. The portions of Title 112 under which transportation entities may be created are revised as Subtitles C and D of Title 5, and Chapters 172, 173, and 174, Transportation Code, and the revised law is drafted accordingly. In addition, the revised law adds a reference to a transportation entity created under former Title 112 to account for entities created before the revised law takes effect.

CHAPTER 471. RAILROAD AND ROADWAY CROSSINGS

Revised Law

Sec. 471.009.  ENHANCED PAVEMENT MARKING VISIBILITY AT CERTAIN GRADE CROSSINGS.  (a)  In this section:

(1)  "Grade crossing" and "reflecting material" have the meanings assigned by Section 471.004.

(2)  "Pavement markings" means markings applied or attached to the surface of a roadway to regulate, warn, or guide traffic.

(3)  "Stop bar" means the marking that is applied or attached to the surface of a roadway on either side of a grade crossing and that indicates that a vehicle must stop at the grade crossing.

(b)  A county or municipality shall use standards developed by the department in applying pavement markings or a stop bar at a grade crossing if the cost of the markings or stop bar is paid either entirely or partly from state or federal funds.  In developing its standards, the department shall follow the standards in the Manual on Uniform Traffic Control Devices issued by the United States Department of Transportation Federal Highway Administration and, where appropriate, require the use of reflecting materials. (V.A.C.S. Art. 6370c.)

Source Law

Art. 6370c

Sec. 1.  In this Act:

(1)  "Department" means the Texas Department of Transportation.

(2)  "Grade crossing" and "retroreflectorized material" have the meanings assigned by Section 1, Chapter 269, Acts of the 71st Legislature, Regular Session, 1989 (Article 6370b, Vernon's Texas Civil Statutes).

(3)  "Pavement markings" means markings applied or attached to the surface of a roadway for the purpose of regulating, warning, or guiding traffic.

(4)  "Stop bar" means the marking that is applied or attached to the surface of a roadway on either side of a grade crossing and that indicates that a vehicle must stop at the grade crossing.

Sec. 2.  A county or municipality shall use standards developed by the department in applying pavement markings or a stop bar at a grade crossing if the cost of the markings or stop bar is paid either entirely or partly from state or federal funds.  In developing its standards, the department shall follow the standards in the Manual of Uniform Traffic Control Devices issued by the United States Department of Transportation Federal Highway Administration and, where appropriate, require the use of retroreflectorized materials.

Revisor's Note

(1)  Section 1, V.A.C.S. Article 6370c, defines "department" as the Texas Department of Transportation.  The revised law omits the definition because the title-wide definition of "department" as the Texas Department of Transportation contained in Section 201.001, Transportation Code, applies to the revised law.

(2)  Section 1, V.A.C.S. Article 6370c, refers to definitions of "grade crossing" and "retroreflectorized material" in Section 1, Chapter 269, Acts of the 71st Legislature, Regular Session, 1989 (Article 6370b, Vernon's Texas Civil Statutes).  That section was codified in 1995 as part of Section 471.004, Transportation Code, and the term "reflecting material" was substituted for the term "retroreflectorized material" in that codification.  The revised law is drafted accordingly.

(3)  Section 2, V.A.C.S. Article 6370c, refers to the "Manual of Uniform Traffic Control Devices issued by the United States Department of Transportation Federal Highway Administration."  The revised law substitutes "on" for "of" in the manual's title because "Manual on Uniform Traffic Control Devices" is the proper title of the manual.

REVISED STATUTES

TITLE 66. FREE PASSES, FRANKS AND TRANSPORTATION

Revised Law

Art. 4015g.  SUITS FOR PENALTY. (a) A suit brought under this title for recovery of penalties may be brought in any county in which:

(1)  a violation of this title is committed;

(2)  the company or receiver has an agent or representative; or

(3)  the principal office of the company is located, or in which a receiver resides.

(b)  Of money collected from a penalty in this title:

(1)  half, less the commission and expenses allowed by law, shall be deposited in the state treasury; and

(2)  the remainder shall be paid into the jury fund of the county in which the suit may be maintained. (V.A.C.S. Art. 6477 (part).)

Source Law

Art. 6477.  … provided suits brought under Title 66 for recovery of penalties, may be brought in any county:

1.  Where an act violative of any provision thereof is committed.

2.  Where such company or receiver has an agent or representative.

3.  Where the principal office of such company is situated, or such receiver or receivers, or either, reside.  One-half of all moneys collected under the provisions of said title, less the commission and expenses allowed by law, shall be paid into the State Treasury;  the remainder thereof shall be paid into the treasury of the county where such suit or suits may be maintained and constitute a part of the jury fund of such county.