1. (a) Annual reviews.

   1. (1) Each rail transit agency shall conduct an annual review of its system safety program plan and system security plan.
   2. (2) In the event the rail transit agency's system safety program plan is modified, the rail transit agency must submit the modified plan and any subsequently modified procedures to the department for review and approval.
   3. (3) In the event the rail transit agency's system security plan is modified, the rail transit agency must make the modified system security plan and accompanying procedures available to the department for review.

2. (b) Internal safety and security reviews.

   1. (1) Each rail transit agency shall develop and document a process for the performance of on-going internal safety and security reviews in its system safety program plan.

   2. (2) The internal safety and security review process must, at a minimum:

      1. (A) describe the process used by the rail transit agency to determine if all identified elements of its system safety program plan and system security plan are performing as intended;
      2. (B) ensure that all elements of the system safety program plan and system security plan are reviewed in an ongoing manner and completed over a three-year cycle;
      3. (C) the rail transit agency must notify the department at least thirty (30) days before the conduct of scheduled internal safety and security reviews;
      4. (D) the rail transit agency shall submit to the department any checklists or procedures it will use during the safety portion of its review;
      5. (E) the rail transit agency shall make available to the department any checklists or procedures subject to the security portion of its review;
      6. (F) the rail transit agency shall submit an annual report documenting internal safety and security review activities and the status of subsequent findings and corrective actions. The security part of this report must be made available for department review;
      7. (G) the annual report must be accompanied by a formal letter of certification signed by the rail transit agency's chief executive, indicating that the rail transit agency is in compliance with its system safety program plan and system security plan; and
      8. (H) if the rail transit agency determines that findings from its internal safety and security reviews indicate that the rail transit agency is not in compliance with its system safety program plan or system security plan, the chief executive must identify the activities the rail transit agency will take to achieve compliance.

Source Note:The provisions of this §7.85 adopted to be effective May 19, 2011, 36 TexReg 3110.