Sec. 2. LIMITATION OF LIABILITY. (a) A person that is certified as an operator of an excursion train under Section 1(a) of this Act and maintains insurance in the minimum amount required under Section 1(b) of this Act is not liable for injury or damages over $5,000,000 resulting from a single occurrence.
(b) The limitation of liability under Subsection (a) of this section applies to the person certified as an operator under Section 1(a) of this Act, the owner of equipment used by the excursion train, the owner of track used by the excursion train, and the host carrier.
(c) The limitation of liability under Subsection (a) of this section does not apply if:
(1) the injury or damages result from intentional, malicious, or grossly negligent conduct; or
(2) at the time of the injury or damages the operator of the excursion train:
(A) failed to maintain insurance as required under Section 1(b) of this Act; or
(B) failed to comply with Section 5 of this Act.
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