By: Finnell H.B. No. 1310
73R4143 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain special stops required of motor vehicles at
1-3 railroad crossings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 86, Uniform Act Regulating Traffic on
1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-7 to read as follows:
1-8 Sec. 86. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
1-9 (a) Whenever any person driving a vehicle approaches a railroad
1-10 grade crossing, the driver of such vehicle shall stop within fifty
1-11 (50) feet but not less than fifteen (15) feet from the nearest rail
1-12 of such railroad if <and shall not proceed until he can do so
1-13 safely when>:
1-14 (1) a <(a) A> clearly visible railroad
1-15 sign <electric> or <mechanical> signal warns <device gives warning>
1-16 of the <immediate> approach of a railroad train;
1-17 (2) a <(b) A> crossing gate is lowered, or <when> a
1-18 human flagman warns <gives or continues to give a signal> of the
1-19 approach or passage of a railroad train;
1-20 (3) the driver is required to stop by:
1-21 (A) other law;
1-22 (B) a rule adopted under a statute;
1-23 (C) an official traffic-control device;
1-24 (D) a traffic-control signal; or
2-1 (E) a railroad sign or signal; or <(c) A
2-2 railroad engine approaching within approximately fifteen hundred
2-3 (1500) feet of the highway crossing emits a signal audible from
2-4 such distance and such engine by reason of its speed or nearness to
2-5 such crossing is an immediate hazard;>
2-6 (4) an <(d) An> approaching railroad train is plainly
2-7 visible and <is> in hazardous proximity to such crossing.
2-8 (b) The driver of a vehicle required to stop at a railroad
2-9 grade crossing as provided by Subsection (a) of this section shall
2-10 remain stopped until the driver is permitted to proceed and it is
2-11 safe to proceed.
2-12 (c) A person who is the driver of a vehicle commits an
2-13 offense if the person drives the vehicle around, under, or through
2-14 a crossing gate or a barrier at a railroad crossing while the gate
2-15 or barrier is closed, being closed, or being opened.
2-16 (d) In a prosecution under Subsection (a)(4) of this
2-17 section, proof that at the time of the offense a railroad train was
2-18 approaching the grade crossing and that the railroad train was
2-19 visible from the crossing is prima facie evidence that it was not
2-20 safe for the driver to proceed.
2-21 (e) A person convicted of a violation of this section shall
2-22 be punished by a fine of not less than $50 and not more than $200.
2-23 SECTION 2. Section 87, Uniform Act Regulating Traffic on
2-24 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-25 to read as follows:
2-26 Sec. 87. ALL VEHICLES MUST STOP AT CERTAIN RAILROAD GRADE
2-27 CROSSINGS. The Texas Department of Transportation <State Highway
3-1 Commission> and local authorities with respect to highways under
3-2 their respective jurisdictions are hereby authorized to designate
3-3 particularly dangerous highway grade crossings of railroads and to
3-4 erect stop signs or other standard traffic-control devices thereat.
3-5 When such stop signs or other standard traffic-control devices are
3-6 erected, the driver of any vehicle shall stop within fifty (50)
3-7 feet but not less than fifteen (15) feet from the nearest rail of
3-8 such railroad and shall proceed only upon exercising due care, and
3-9 in the exercise of their authority to determine safety hazards
3-10 existing at grade crossings of streets, roads, highways and other
3-11 public rights-of-way with railroad track or tracks by the State and
3-12 all political subdivisions thereof the costs for installation and
3-13 maintenance of mechanically operated grade crossing safety devices,
3-14 gates, signs and signals shall be apportioned and paid on the same
3-15 percentage ratio and in the same proportionate amounts by the State
3-16 and all political subdivisions thereof as is the presently
3-17 established policy and practice of the State of Texas and the
3-18 Federal Government. A person convicted of a violation of this
3-19 section shall be punished by a fine of not less than $50 and not
3-20 more than $200.
3-21 SECTION 3. Section 88, Uniform Act Regulating Traffic on
3-22 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
3-23 by adding Subsection (d) to read as follows:
3-24 (d) A person convicted of a violation of this section shall
3-25 be punished by a fine of not less than $50 and not more than $200.
3-26 SECTION 4. Section 89, Uniform Act Regulating Traffic on
3-27 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
4-1 by adding Subsection (e) to read as follows:
4-2 (e) A person convicted of a violation of this section shall
4-3 be punished by a fine of not less than $50 and not more than $200.
4-4 SECTION 5. Section 90, Uniform Act Regulating Traffic on
4-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
4-6 by adding Subsection (e) to read as follows:
4-7 (e) A person convicted of a violation of this section shall
4-8 be punished by a fine of not less than $50 and not more than $200.
4-9 SECTION 6. Section 144, Uniform Act Regulating Traffic on
4-10 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
4-11 by amending Subsection (a) and adding Subsection (f) to read as
4-12 follows:
4-13 (a) Fines collected for violation of any highway law as set
4-14 forth in this Act shall be used by the municipality or the counties
4-15 in which the same are assessed and to which the same are payable in
4-16 the construction and maintenance of roads, bridges, and culverts
4-17 therein, and for the enforcement of the traffic laws regulating the
4-18 use of the public highways by motor vehicles and motorcycles and to
4-19 help defray the expense of county traffic officers, except as
4-20 provided by Subsection (f) of this section.
4-21 (f) Of each fine collected for a violation of Section 86,
4-22 87, 88, 89, or 90 of this Act, $50 shall be remitted to the
4-23 comptroller for deposit to the credit of an account in the general
4-24 revenue fund to be known as the railroad grade crossing safety
4-25 improvement account. Money in the account may be appropriated only
4-26 to the Railroad Commission of Texas for educational programs
4-27 designed to improve the safe operation of vehicles at railroad
5-1 grade crossings and to assist in the enforcement of traffic laws
5-2 relating to the operation of motor vehicles at railroad grade
5-3 crossings.
5-4 SECTION 7. (a) This Act takes effect September 1, 1993.
5-5 (b) The changes in law made by Sections 1-5 of this Act
5-6 apply only to an offense committed on or after the effective date
5-7 of this Act. An offense committed before the effective date of
5-8 this Act is covered by the law in effect when the offense was
5-9 committed, and the former law is continued in effect for that
5-10 purpose. For purposes of this section, an offense was committed
5-11 before the effective date of this Act if any element of the offense
5-12 occurred before that date.
5-13 (c) The change in law made by Section 6 of this Act applies
5-14 only to fines collected on or after the effective date of this Act.
5-15 SECTION 8. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.