(a) Unless waived under 49 U.S.C. § 5329(e), the department:
(1) Shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department;
(2) May not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department; and
(3) May not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
(b) A rail fixed guideway public transportation system under the oversight of the department may not provide funding to the department in a manner prohibited by the federal transit administration.
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