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.