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.