BILL ANALYSIS

H.B. 1759

By: Krause

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Disparities between traffic laws regarding train cars and on-track equipment for railroad crossings have led to on-track equipment operators in Texas facing legal hurdles for accidents that they would not have been at fault for if they had been operating rail cars. Given that on‑track equipment can be just as dangerous to drivers as trains themselves, state traffic laws needs to be updated so that on-track operators are not exposed to criminal liability when individuals fail to abide by railroad crossing traffic laws. H.B. 1759 seeks to address this issue by including on‑track equipment among the equipment and devices triggering certain traffic restrictions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1759 amends the Transportation Code to include on-track equipment, defined by the bill as any car, rolling stock, equipment, or other device that, alone or coupled to another device, is operated on a railroad track, among the equipment and devices triggering the following special stops and speed restrictions:

· the requirement for an operator approaching a railroad grade crossing to stop under certain conditions within 50 feet from the nearest rail but not closer than 15 feet;

· the requirement for an operator of a vehicle approaching a railroad grade crossing equipped with railroad crossbuck signs without certain signals to yield the right-of-way; and

· the requirement for the following operators, before crossing a track at a railroad grade crossing, to stop or reduce speed, as applicable, and listen and look in both directions along the track for an approaching train and signals indicating the approach of a train:

o the operator of a motor bus carrying passengers for hire;

o the operator of a school bus;

o the operator of certain vehicles carrying an explosive substance or flammable liquid as the vehicle's principal cargo; and

o an operator moving certain vehicles or heavy equipment on or across a track at a railroad grade crossing.

The bill prohibits an operator of certain vehicles or heavy equipment from crossing a railroad grade crossing when warning of the immediate approach of on-track equipment is given.

EFFECTIVE DATE

September 1, 2021.