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.