1-1 By: Finnell (Senate Sponsor - Moncrief) H.B. No. 1657
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on State
1-4 Affairs; May 20, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 11, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Rosson
1-22 Amend C.S.H.B. No. 1657 as follows:
1-23 (1) In SECTION 2, strike lines 62 to 64 on page 1 and lines
1-24 1 to 18 on page 2 and substitute the following:
1-25 (a) A person may not dismantle a warning signal at a grade
1-26 crossing on an active rail line, as defined by the department by
1-27 rule, if the cost of the warning signal was originally paid either
1-28 entirely or partly from public funds unless the person:
1-29 (1) obtains a permit from the governmental entity that
1-30 maintains the road or highway that intersects the rail line at the
1-31 grade crossing; and
1-32 (2) pays to the governmental entity that maintains the
1-33 road or highway that intersects the rail line at the grade crossing
1-34 an amount equal to the present salvage value of the warning signal,
1-35 as determined by the governmental entity under applicable law.
1-36 (b) The governmental entity shall grant the permit if:
1-37 (1) proper payment is received; and
1-38 (2) the entity finds that removal of the warning
1-39 signal will not adversely affect public safety.
1-40 (2) Add new SECTION 3 to read as follows:
1-41 SECTION 3. A person who violates any provision of this Act
1-42 commits an offense. An offense under this Act is a Class C
1-43 misdemeanor.
1-44 (3) Renumber subsequent Sections accordingly.
1-45 A BILL TO BE ENTITLED
1-46 AN ACT
1-47 relating to the dismantling of a warning signal at a railroad
1-48 crossing.
1-49 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-50 SECTION 1. DEFINITIONS. In this Act:
1-51 (1) "Department" means the Texas Department of
1-52 Transportation.
1-53 (2) "Grade crossing" has the meaning assigned by
1-54 Section 1, Chapter 269, Acts of the 71st Legislature, Regular
1-55 Session, 1989 (Article 6370b, Vernon's Texas Civil Statutes).
1-56 (3) "Warning signal" means a traffic control device
1-57 that is activated by the approach or presence of a train, including
1-58 a flashing light signal, an automatic gate, or a similar device
1-59 that displays to motorists a warning of the approach or presence of
1-60 a train.
1-61 SECTION 2. DISMANTLING OF WARNING SIGNAL AT GRADE CROSSING.
1-62 (a) A person may not dismantle a warning signal at a grade
1-63 crossing on an active rail line, as defined by the department by
1-64 rule, if the cost of the warning signal was originally paid either
1-65 entirely or partly from public funds unless the person:
1-66 (1) obtains a permit from the governmental entity that
1-67 maintains the road or highway that intersects the rail line at the
1-68 grade crossing; or
2-1 (2) pays to the governmental entity that maintains the
2-2 road or highway that intersects the rail line at the grade crossing
2-3 an amount equal to the present salvage value of the warning signal.
2-4 (b) The governmental entity shall grant the permit if the
2-5 entity finds that removal of the warning signal will not adversely
2-6 affect public safety.
2-7 (c) The amounts received under Subsection (a)(2) of this
2-8 section shall be deposited in a special fund in the state treasury
2-9 to be known as the railroad crossing warning signal fund, which may
2-10 be appropriated only to the department for the maintenance and
2-11 improvement of warning signals at grade crossings.
2-12 (d) The provisions of this Act shall not apply to Class I or
2-13 Class II railroads as defined by Interstate Commerce Commission
2-14 rules and regulations.
2-15 SECTION 3. RULES. The department may adopt any rules
2-16 necessary to administer this Act.
2-17 SECTION 4. EFFECTIVE DATE. This Act takes effect September
2-18 1, 1993.
2-19 SECTION 5. EMERGENCY. The importance of this legislation
2-20 and the crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *
2-25 Austin,
2-26 Texas
2-27 May 20, 1993
2-28 Hon. Bob Bullock
2-29 President of the Senate
2-30 Sir:
2-31 We, your Committee on State Affairs to which was referred H.B. No.
2-32 1657, have had the same under consideration, and I am instructed to
2-33 report it back to the Senate with the recommendation that it do
2-34 pass, as amended, and be printed.
2-35 Harris of
2-36 Dallas, Chairman
2-37 * * * * *
2-38 WITNESSES
2-39 FOR AGAINST ON
2-40 ___________________________________________________________________
2-41 Name: Sam Arrington x
2-42 Representing: United Transportation Union
2-43 City: Austin
2-44 -------------------------------------------------------------------
2-45 Name: Jim Atchley x
2-46 Representing: United Transportation Union
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Wesley G. Pair x
2-50 Representing: Tx Dept of Transportation
2-51 City: Austin
2-52 -------------------------------------------------------------------
2-53 Name: Dennis Kearns x
2-54 Representing: Atchisnon Topeka & Santa Fe
2-55 City: Austin
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2-57 Name: John L. Eck x
2-58 Representing: Texas Railroad Assn
2-59 City: Austin
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