By: Finnell H.B. No. 1657 73R4141 DRH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the dismantling of a warning signal at a railroad 1-3 crossing. 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, automatic gate, or a similar device that 1-14 displays to motorists a warning of the approach or presence of a 1-15 train. 1-16 SECTION 2. DISMANTLING OF WARNING SIGNAL AT GRADE CROSSING. 1-17 A person may not dismantle a warning signal at a grade crossing if 1-18 the cost of the warning signal was originally paid either entirely 1-19 or partly from public funds unless the person obtains a permit from 1-20 the department. As a condition of the permit, the department shall 1-21 require that the person repay to the department the amount of 1-22 public funds originally expended on the warning signal. The 1-23 department shall deposit this amount in a special fund in the state 1-24 treasury to be known as the railroad crossing warning signal fund, 2-1 which may be appropriated only to the department for the 2-2 maintenance and improvement of warning signals at grade crossings. 2-3 SECTION 3. RULES. The department may adopt any rules 2-4 necessary to administer this Act. 2-5 SECTION 4. EFFECTIVE DATE. This Act takes effect September 2-6 1, 1993. 2-7 SECTION 5. EMERGENCY. The importance of this legislation 2-8 and the crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended.