H.B. No. 1657
    1-1                                AN ACT
    1-2  relating to the dismantling of a warning signal at a railroad
    1-3  crossing; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Department" means the Texas Department of
    1-7  Transportation.
    1-8              (2)  "Grade crossing" has the meaning assigned by
    1-9  Section 1, Chapter 269, Acts of the 71st Legislature, Regular
   1-10  Session, 1989 (Article 6370b, Vernon's Texas Civil Statutes).
   1-11              (3)  "Warning signal" means a traffic control device
   1-12  that is activated by the approach or presence of a train, including
   1-13  a flashing light signal, an automatic gate, or a similar device
   1-14  that displays to motorists a warning of the approach or presence of
   1-15  a train.
   1-16        SECTION 2.  DISMANTLING OF WARNING SIGNAL AT GRADE CROSSING.
   1-17  (a)  A person may not dismantle a warning signal at a grade
   1-18  crossing on an active rail line, as defined by the department by
   1-19  rule, if the cost of the warning signal was originally paid either
   1-20  entirely or partly from public funds unless the person:
   1-21              (1)  obtains a permit from the governmental entity that
   1-22  maintains the road or highway that intersects the rail line at the
   1-23  grade crossing; and
   1-24              (2)  pays to the governmental entity that maintains the
    2-1  road or highway that intersects the rail line at the grade crossing
    2-2  an amount equal to the present salvage value of the warning signal,
    2-3  as determined by the governmental entity under applicable law.
    2-4        (b)  The governmental entity shall grant the permit if:
    2-5              (1)  proper payment is received; and
    2-6              (2)  the entity finds that removal of the warning
    2-7  signal will not adversely affect public safety.
    2-8        (c)  The amounts received under Subsection (a)(2) of this
    2-9  section shall be deposited in a special fund in the state treasury
   2-10  to be known as the railroad crossing warning signal fund, which may
   2-11  be appropriated only to the department for the maintenance and
   2-12  improvement of warning signals at grade crossings.
   2-13        (d)  The provisions of this Act shall not apply to Class I or
   2-14  Class II railroads as defined by Interstate Commerce Commission
   2-15  rules and regulations.
   2-16        SECTION 3.  A person who violates any provision of this Act
   2-17  commits an offense.  An offense under this Act is a Class C
   2-18  misdemeanor.
   2-19        SECTION 4.  RULES.  The department may adopt any rules
   2-20  necessary to administer this Act.
   2-21        SECTION 5.  EFFECTIVE DATE.  This Act takes effect September
   2-22  1, 1993.
   2-23        SECTION 6.  EMERGENCY.  The importance of this legislation
   2-24  and the crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.