Texas Vernon's Civil Statutes

§ 9030 — EXCURSION TRAIN OPERATORS; CERTIFICATION; LIMITATION OF LIABILITY

CV § 9030Title 132. OCCUPATIONAL AND BUSINESS REGULATION · Ch. 20. MISCELLANEOUS

Statute text

Sec. 1. CERTIFICATION. (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. Sec. 2. LIMITATION OF LIABILITY. (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.

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Legislative history

Acts 1995, 74th Leg., ch. 910, eff. Sept. 1, 1995.