| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the operation of vehicles and certain equipment at |
|
|
railroad grade crossings when on-track equipment is approaching. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 545.001, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 545.001. DEFINITIONS. In this chapter: |
|
|
(1) "On-track equipment" means any car, rolling stock, |
|
|
equipment, or other device that, alone or coupled to another |
|
|
device, is operated on a railroad track. |
|
|
(2) "Pass" or "passing" used in reference to a vehicle |
|
|
means to overtake and proceed past another vehicle moving in the |
|
|
same direction as the passing vehicle or to attempt that maneuver. |
|
|
(3) [(2)] "School bus" includes a multifunction |
|
|
school activity bus. |
|
|
SECTION 2. The heading to Section 545.251, Transportation |
|
|
Code, is amended to read as follows: |
|
|
Sec. 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF |
|
|
TRAIN OR OTHER ON-TRACK EQUIPMENT. |
|
|
SECTION 3. Sections 545.251(a), (c), and (e), |
|
|
Transportation Code, are amended to read as follows: |
|
|
(a) An operator approaching a railroad grade crossing shall |
|
|
stop not closer than 15 feet or farther than 50 feet from the |
|
|
nearest rail if: |
|
|
(1) a clearly visible railroad signal warns of the |
|
|
approach of a railroad train or other on-track equipment; |
|
|
(2) a crossing gate is lowered, or a flagger warns of |
|
|
the approach or passage of a train or other on-track equipment; |
|
|
(3) a railroad engine or other on-track equipment |
|
|
approaching within approximately 1,500 feet of the highway crossing |
|
|
emits a signal audible from that distance and the engine or other |
|
|
equipment is an immediate hazard because of its speed or proximity |
|
|
to the crossing; |
|
|
(4) an approaching railroad train or other on-track |
|
|
equipment is plainly visible to the operator and is in hazardous |
|
|
proximity to the crossing; or |
|
|
(5) the operator is required to stop by: |
|
|
(A) other law; |
|
|
(B) a rule adopted under a statute; |
|
|
(C) an official traffic-control device; or |
|
|
(D) a traffic-control signal. |
|
|
(c) An operator of a vehicle who approaches a railroad grade |
|
|
crossing equipped with railroad crossbuck signs without automatic, |
|
|
electric, or mechanical signal devices, crossing gates, or a |
|
|
flagger warning of the approach or passage of a train or other |
|
|
on-track equipment shall yield the right-of-way to a train or other |
|
|
on-track equipment in hazardous proximity to the crossing, and |
|
|
proceed at a speed that is reasonable for the existing conditions. |
|
|
If required for safety, the operator shall stop at a clearly marked |
|
|
stop line before the grade crossing or, if no stop line exists, not |
|
|
closer than 15 feet or farther than 50 feet from the nearest rail. |
|
|
(e) In a prosecution under this section, proof that at the |
|
|
time of the offense a train or other on-track equipment was in |
|
|
hazardous proximity to the crossing and that the train or other |
|
|
equipment was plainly visible to the operator is prima facie |
|
|
evidence that it was not safe for the operator to proceed. |
|
|
SECTION 4. Section 545.253(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Subsection (c), the operator of a |
|
|
motor bus carrying passengers for hire, before crossing a railroad |
|
|
grade crossing: |
|
|
(1) shall stop the vehicle not closer than 15 feet or |
|
|
farther than 50 feet from the nearest rail of the railroad; |
|
|
(2) while stopped, shall listen and look in both |
|
|
directions along the track for an approaching train or other |
|
|
on-track equipment and signals indicating the approach of a train |
|
|
or other on-track equipment; and |
|
|
(3) may not proceed until it is safe to do so. |
|
|
SECTION 5. Section 545.2535(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Subsection (c), the operator of a |
|
|
school bus, before crossing a track at a railroad grade crossing: |
|
|
(1) shall stop the vehicle not closer than 15 feet or |
|
|
farther than 50 feet from the track; |
|
|
(2) while stopped, shall listen and look in both |
|
|
directions along the track for an approaching train or other |
|
|
on-track equipment and signals indicating the approach of a train |
|
|
or other on-track equipment; and |
|
|
(3) may not proceed until it is safe to do so. |
|
|
SECTION 6. Sections 545.254(a), (b), and (c), |
|
|
Transportation Code, are amended to read as follows: |
|
|
(a) Before crossing a railroad grade crossing, an operator |
|
|
of a vehicle that has an explosive substance or flammable liquid as |
|
|
the vehicle's principal cargo and that is moving at a speed of more |
|
|
than 20 miles per hour: |
|
|
(1) shall reduce the speed of the vehicle to 20 miles |
|
|
per hour or less before coming within 200 feet of the nearest rail |
|
|
of the railroad; |
|
|
(2) shall listen and look in both directions along the |
|
|
track for an approaching train or other on-track equipment and for |
|
|
signals indicating the approach of a train or other on-track |
|
|
equipment; and |
|
|
(3) may not proceed until the operator determines that |
|
|
the course is clear. |
|
|
(b) The operator of a vehicle that has an explosive |
|
|
substance or flammable liquid as the vehicle's principal cargo, |
|
|
before crossing a railroad grade crossing on a highway in a |
|
|
municipality: |
|
|
(1) shall stop the vehicle not closer than 15 feet or |
|
|
farther than 50 feet from the nearest rail of the railroad; |
|
|
(2) while stopped, shall listen and look in both |
|
|
directions along the track for an approaching train or other |
|
|
on-track equipment and for signals indicating the approach of a |
|
|
train or other on-track equipment; and |
|
|
(3) may not proceed until the operator determines that |
|
|
the course is clear. |
|
|
(c) Subsections (a) and (b) do not apply: |
|
|
(1) if a police officer, crossing flagger, or |
|
|
traffic-control signal directs traffic to proceed; |
|
|
(2) where a railroad flashing signal is installed and |
|
|
does not indicate an approaching train or other on-track equipment; |
|
|
(3) to an abandoned or exempted grade crossing that is |
|
|
clearly marked by or with the consent of the state, if the markings |
|
|
can be read from the operator's location; |
|
|
(4) at a streetcar crossing in a business or |
|
|
residential district of a municipality; or |
|
|
(5) to a railroad track used exclusively for |
|
|
industrial switching purposes in a business district. |
|
|
SECTION 7. Sections 545.255(c) and (d), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(c) To move a vehicle or equipment on or across a track at a |
|
|
railroad grade crossing, the operator: |
|
|
(1) shall stop the vehicle or equipment not closer |
|
|
than 15 feet or farther than 50 feet from the nearest rail of the |
|
|
railroad; |
|
|
(2) while stopped, shall listen and look in both |
|
|
directions along the track for an approaching train or other |
|
|
on-track equipment and for signals indicating the approach of a |
|
|
train or other on-track equipment; and |
|
|
(3) may not proceed until it is safe to cross the |
|
|
track. |
|
|
(d) An operator of a vehicle or equipment may not cross a |
|
|
railroad grade crossing when warning of the immediate approach of a |
|
|
railroad car, [or] train, or other on-track equipment is given by |
|
|
automatic signal, crossing gates, a flagger, or otherwise. If a |
|
|
flagger is provided by the railroad, the operator shall move the |
|
|
vehicle or equipment over the crossing at the flagger's direction. |
|
|
SECTION 8. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |