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.