The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Accident--An event that involves any of the following: A loss of life; a report of a serious injury to a person; a collision involving a rail transit vehicle; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause.
  (2) Accountable Executive--A single, identifiable individual who has:
    (A) ultimate responsibility for carrying out the public transportation agency safety plan of a public transportation agency;
    (B) responsibility for carrying out the agency's transit asset management plan; and
    (C) control or direction over the human and capital resources needed to develop and maintain both the agency's public transportation agency safety plan, in accordance with 49 U.S.C. §5329(d), and the agency's transit asset management plan in accordance with 49 U.S.C. §5326.
  (3) Administrator--The Federal Transit Administrator or the Administrator's designee.
  (4) Contractor--An entity that performs tasks on behalf of FTA, a state safety oversight agency, or a rail transit agency, through contract or other agreement.
  (5) Corrective action plan--A plan developed by a rail transit agency that describes the actions the rail transit agency will take to minimize, control, correct, or eliminate risks and hazards, and the schedule for taking those actions. Either a state safety oversight agency or FTA may require a rail transit agency to develop and carry out a corrective action plan.
  (6) Department--The Texas Department of Transportation.
  (7) Event--An accident, incident, or occurrence.
  (8) Executive director--The executive director of the department.
  (9) Fatality--A death that results from an event and that occurs within 30 days after the date of the event.
  (10) FRA--The Federal Railroad Administration, an agency within the United States Department of Transportation.
  (11) FTA--The Federal Transit Administration, an agency of the United States Department of Transportation.
  (12) Hazard--any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment.
  (13) Incident--An event that involves any of the following: A personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a rail transit agency.
  (14) Investigation--The process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.
  (15) NTSB--The National Transportation Safety Board, an independent federal agency.
  (16) Occurrence--An event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of a rail transit agency.
  (17) Passenger--An individual who is on board, boarding, or alighting from a rail transit vehicle used for the individual's travel.
  (18) Pre-revenue Operations--Operation of the rail fixed guideway public transportation system prior to revenue service that includes identification and performance of tests, drills, exercises, and audits designed to verify the functional capability and readiness of the system.
  (19) Public transportation agency safety plan--The comprehensive agency safety plan for a transit agency, including a rail transit agency, that is required by 49 U.S.C 5329(d) and based on a safety management system.
  (20) Rail fixed guideway public transportation system--Any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a State, and is not subject to the jurisdiction of the Federal Railroad Administration, or any such system in engineering or construction. Rail fixed guideway public transportation systems include but are not limited to rapid rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and automated guideway.
  (21) Rail transit agency--Any entity that provides services on a rail fixed guideway public transportation system.
  (22) Rail transit controlled property--Property that is used by the rail transit agency.
  (23) Rail transit vehicle--The rail transit agency's rolling stock, including passenger and maintenance vehicles.
  (24) Revenue Service--Operation of the rail fixed guideway public transportation system to carry passengers that pay fares, provide payment through a contractual arrangement, or have the fares subsidized by public policy. Vehicles operated in fare free service are considered in revenue service.
  (25) Serious injury--Any injury that:
    (A) requires hospitalization for more than 48 hours, with the hospitalization beginning within 7 days after the date that the injury was received;
    (B) results in a fracture of any bone, other than a simple fracture of a finger, toe, or nose;
    (C) causes severe hemorrhages, nerve, muscle, or tendon damage;
    (D) involves any internal organ; or
    (E) involves second- or third-degree burns, or any burns affecting more than five percent of the body surface.
  (26) Vehicle--Any rolling stock used on a rail fixed guideway public transportation system, including passenger and maintenance vehicles.

Source Note: The provisions of this §7.81 adopted to be effective September 1, 2018, 43 TexReg 5238; amended to be effective February 19, 2020, 45 TexReg 1041