Header:
Texas Annotated Statutes
TEXAS CIVIL STATUTES
TITLE 112. RAILROADS [REPEALED APRIL 1, 2011]
CHAPTER 8. RESTRICTIONS, DUTIES AND LIABILITIES [REPEALED APRIL 1, 2011]
Date:
08/31/2009
Document:
Art. 6419c. [Repealed April 1, 2011] Hazardous Materials; Reports
Definitions
Sec. 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
Sec. 2. (a) A railroad 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
Sec. 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.
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