89th Legislature Regular Session

SB 2323

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2323 amends Section 192.005 of the Texas Transportation Code and adds a new Section 192.006. The bill addresses the handling and disclosure of records involving collisions or legal violations by individuals operating railroad locomotives or trains. Specifically, it prohibits the inclusion of a locomotive operator’s driver’s license number or other identifying license information in any report concerning such incidents. It also ensures that these incidents are not recorded in the individual's driving record maintained by the Department of Public Safety (DPS).

In addition to modifying the handling of these records, the bill introduces new confidentiality protections for the personally identifying information (PII) of train crew members. Under the proposed Section 192.006, the PII in reports of collisions or violations may only be disclosed to certain designated entities. These include law enforcement officers, state attorneys, the railroad company involved or employing the crew at the time of the incident, regulatory agencies overseeing railroads, courts via order, or legal counsel for parties injured in a related incident, provided they submit a formal request.

The bill aims to protect the privacy of railroad personnel and streamline the treatment of rail-related incidents differently from general vehicle operators. By separating these records from the general DPS driver record system, the legislation seeks to recognize the unique regulatory environment and operational framework of the railroad industry while establishing procedures for limited, purpose-driven information sharing.

The Committee Substitute for SB 2323 introduces several important distinctions from the originally filed version that reflect both technical refinements and policy shifts. While the core intent of the bill—to protect the personal information of railroad crew members involved in collisions or legal violations—remains consistent, the substitute version modifies how and to whom that information may be disclosed.

One of the most significant changes is the expansion of permissible disclosure. The filed version allowed disclosure of personally identifying information only to law enforcement officers, prosecutors, the railroad company, regulatory agencies, or by court order. The Committee Substitute adds a new category: legal counsel representing a party injured in the incident, provided they submit a formal written request. This addition enhances transparency and access to justice by ensuring that victims of train-related accidents or violations are not unduly hindered in pursuing claims or gathering evidence.

Another key difference lies in the removal of protections for communications between train crews and law enforcement agencies. The filed bill sought to restrict both personal identifying information and such communications. In contrast, the Committee Substitute eliminates the reference to communications, narrowing the scope of protected information and implicitly allowing greater access to relevant records that may have evidentiary or public interest value.

Additionally, the Committee Substitute streamlines and clarifies the statutory language, making the bill more precise and easier to apply. For instance, it presents the list of authorized disclosure recipients in a more structured format, specifying conditions for access in clearer terms. These refinements suggest an effort to better balance the privacy rights of railroad employees with the legal and regulatory needs of third parties, including accident victims and oversight entities. Overall, the substitute version reflects a more measured approach that addresses concerns about both worker privacy and public accountability.
Author
Nathan Johnson
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill is not expected to result in any significant financial impact to the State of Texas. The legislation primarily modifies disclosure procedures for records involving train crew members in collisions or legal violations, but it does not mandate any substantial changes in infrastructure, staffing, or technology that would generate new costs.

The fiscal analysis assumes that any administrative responsibilities resulting from the bill—such as redacting personal identifying information or ensuring records are shared only with authorized recipients—can be managed within existing resources of affected state agencies, particularly the Department of Public Safety (DPS) and the Office of Court Administration. These agencies already maintain data handling protocols and privacy systems that are likely adaptable to the bill’s new requirements without the need for new appropriations or staffing increases​.

Similarly, the bill is not projected to have a significant fiscal effect on local governments. Entities such as local law enforcement or courts may interact with protected records in limited instances, but the bill’s provisions do not impose new duties or reporting burdens that would strain local resources. Overall, SB 2323 is expected to have a negligible budgetary footprint while enhancing privacy protections for a specific category of transportation workers.

Vote Recommendation Notes

SB 2323 presents a thoughtful and balanced approach to protecting the privacy and well-being of railroad train crews involved in collisions or operational violations. The bill responds to a documented issue in which train operators—often unable to prevent tragic incidents involving pedestrians or vehicles—have faced unwarranted public criticism, harassment, and even increased personal insurance costs due to the public release of their identifying information. SB 2323 addresses this problem by amending the Transportation Code to prohibit the inclusion of a crew member’s identifying details in public records and driving histories related to such incidents.

Importantly, the bill maintains transparency and accountability where necessary. It still allows relevant parties—such as law enforcement, prosecutors, regulatory agencies, railroad companies, and injured parties’ legal counsel—to access this information under clearly defined conditions. This ensures that investigations, legal processes, and victim advocacy efforts are not compromised while shielding train crew members from unnecessary exposure or harm.

The bill aligns with key liberty principles. It promotes individual liberty by protecting the privacy of those not at fault, personal responsibility by preserving access to legal remedies, and limited government by preventing overreach in how personal data is recorded and shared. The fiscal note confirms that the bill would have no significant cost to state or local governments, further supporting its practical viability.

Given the bill’s careful balancing of privacy protection with procedural access and its aim to correct a real injustice affecting transportation workers, Texas Policy Research recommends that lawmakers vote YES on SB 2323. It provides a meaningful safeguard for railroad personnel while preserving core principles of justice, fairness, and due process.

  • Individual Liberty: The bill strongly supports individual liberty by protecting the privacy of railroad crew members involved in train-related collisions or legal incidents. These individuals, often not at fault in tragic accidents, have experienced harassment, blame, and even financial penalties due to the public disclosure of their personal information. The bill ensures that personally identifying information is not released to the public, shielding them from undue scrutiny or retaliation. At the same time, the bill preserves access for legitimate legal and regulatory use, ensuring the protection of others’ rights as well.
  • Personal Responsibility: On one hand, the bill may appear to weaken personal responsibility by exempting train operators from having such incidents reflected in their individual driving records. In any other industry, being involved in a collision—even without fault—could become part of one’s professional or public safety record. On the other hand, given that train operators are subject to federal oversight and extensive safety protocols and that these incidents often involve trespassing or other factors outside the crew's control, this carve-out is arguably justifiable. The bill still allows legal accountability through courts and proper regulatory channels, which maintains an appropriate balance.
  • Free Enterprise: The bill may modestly support free enterprise by reducing unnecessary burdens on railroad employees and, by extension, their employers. By removing the unintended financial consequences (like insurance rate increases) for workers not at fault, it helps ensure a more fair and predictable work environment. That said, the law primarily affects public disclosure practices, not market regulation directly.
  • Private Property Rights: The bill does not directly impact private property rights. However, by preserving access to incident information for victims and their legal counsel, it indirectly supports the ability of private individuals to pursue restitution for property damage or injury—thus not infringing on their rights.
  • Limited Government: The bill aligns with the principle of limited government by restricting how much personal data the government collects and makes publicly available about individuals. It reins in the reach of government agencies that might otherwise release sensitive information by default, without clear justification. At the same time, it preserves access to that information when truly needed—through courts, law enforcement, or legal counsel—avoiding unnecessary overreach.
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