(a) Telephonic reports of certain accidents/incidents.
  (1) A railroad shall give immediate telephonic notice to the department of accidents/incidents and other events by calling the department's Rail Division at the telephone number posted on the department's website. Except as provided in paragraph (2) of this subsection, a railroad shall give reports to the department in the same manner and following the same requirements as the railroad shall give reports to the National Response Center under 49 C.F.R. §225.9.
  (2) In addition to giving the department telephonic notice of the accidents/incidents and other events described in 49 C.F.R. §225.9, a railroad shall give telephonic notice of accidents/incidents which:
    (A) result in the death of one or more persons;
    (B) result in the injury of two or more persons;
    (C) involve a fire or explosion; or
    (D) involve a passenger or commuter train.
(b) Written reports. When the department makes a written request, a railroad shall furnish the department with a copy of an accident/incident report filed with the FRA under 49 C.F.R. Part 225, within 30 days after expiration of the month during which the accident/incident occurred. Only copies of reports that concern accidents/incidents occurring in the state of Texas shall be filed with the department. It is preferred that filings required by this section be made by electronic digital media format.

Source Note: The provisions of this §7.33 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690; amended to be effective July 15, 2015, 40 TexReg 4462; amended to be effective July 20, 2016, 41 TexReg 5247; amended to be effective June 17, 2020, 45 TexReg 4057