1. (a) Applicability. A person, association, private corporation, public corporation, or any other entity that owns or operates a railroad shall comply with the requirements of this subchapter.

2. (b) Governing statutes. Railroads operating within the state of Texas shall comply with the safety requirements contained in or adopted under the following statutes:

   1. (1) 49 United States Code, Subtitle III, §§5101, et seq.;
   2. (2) 49 United States Code, Subtitle V, §§20101, et seq.;
   3. (3) Texas Civil Statutes, Article 6448a; and
   4. (4) Texas Civil Statutes, Article 6492a.

3. (c) Federal regulations adopted by reference. The following federal railroad safety requirements, as they exist on the effective date of this rule, are adopted by the department as the minimum railroad safety requirements, and all railroads operating within the state of Texas shall comply with them:

   1. (1) transportation workplace drug testing programs, codified at 49 Code of Federal Regulations, Part 40;
   2. (2) hazardous materials regulations, codified at 49 Code of Federal Regulations, Parts 171-179;
   3. (3) track safety standards, codified at 49 Code of Federal Regulations, Part 213;
   4. (4) bridge-worker safety standards, codified at 49 Code of Federal Regulations, Part 214;
   5. (5) freight car safety standards, codified at 49 Code of Federal Regulations, Part 215;
   6. (6) special notice and emergency order procedures, codified at 49 Code of Federal Regulations, Part 216;
   7. (7) federal operating practice regulations, codified at 49 Code of Federal Regulations, Parts 217, 218, 220, 221, 225, and 228;
   8. (8) control of alcohol and drug use, codified at 49 Code of Federal Regulations, Part 219;
   9. (9) locomotive horns at public highway-rail crossings regulations, codified at 49 Code of Federal Regulations, Part 222;
   10. (10) safety glazing standards, codified at 49 Code of Federal Regulations, Part 223;
   11. (11) reflectorization of rail freight rolling stock regulations, codified at 49 Code of Federal Regulations, Part 224;
   12. (12) locomotive safety standards, codified at 49 Code of Federal Regulations, Part 229;
   13. (13) steam locomotive inspection and maintenance standards regulations, codified at 49 Code of Federal Regulations, Part 230;
   14. (14) safety appliance standards, codified at 49 Code of Federal Regulations, Part 231;
   15. (15) power brake standards, codified at 49 Code of Federal Regulations, Part 232;
   16. (16) rules, standards, and instructions for railroad signal systems, codified at 49 Code of Federal Regulations, Part 236;
   17. (17) passenger equipment safety standards regulations, codified at 49 Code of Federal Regulations, Part 238;
   18. (18) passenger train emergency preparedness regulations, codified at 49 Code of Federal Regulations, Part 239; and
   19. (19) qualifications and certification of locomotive engineers, codified at 49 Code of Federal Regulations, Part 240.

Source Note:The provisions of this §7.31 adopted to be effective January 5, 2006, 30 TexReg 8993.