BILL ANALYSIS



H.B. 1124
By: Finnell
03-22-95
Committee Report (Amended)


BACKGROUND

Current law (Vernon's Texas Civil Statutes, Article 6701d) does not
address the problem of railroad crossing violations of motor
vehicles. Texas is the currently leading the nation in the number
of vehicle/train accidents.  According to the most recent
information available, there were 506 vehicle/train accidents,
which resulted in  75 fatalities and 194 injuries in 1993.  These
figures represent a two percent increase in accidents and a 25
percent increase in fatalities from the previous year.  Considering
that 54 percent of all vehicle/train accidents occurred at
crossings equipped with active warning devices, it is evident that
additional measures are necessary to insure public safety at rail
grade crossings. 

PURPOSE

House Bill 1124 will amend Article XI of the Uniform Act Regulating
Traffic on Highways by authorizing railroad employees to contact
the local law enforcement authority to report rail-crossing safety
violations.    

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article XI, Uniform Act Regulating Traffic on
Highways (Article 670ld, Vernon's Texas Civil Statutes) by adding
Section 90A to read that an employee of a railway company who
observes a violation of this Act may file a report of the violation
within 72 hours.

SECTION 2.  Effective date September 1, 1995

SECTION 3.  Suspends the constitutional rule requiring bills to be
read on three several days in each house.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 strikes Sec. 90A by adding a new Sec. 90A.
REPORT AND INVESTIGATION OF RAILROAD CROSSING VIOLATION.  (a) An
employee of a railway company who observes a violation of Section
86, 87, 88, 89, or 90 of this Act may, within 72 hours after the
violation, allege that the violation occurred by filing a report of
the violation, on a form approved by the department, with:

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 2, 1995, at 4:46 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 8, 1995 at 2:00 p.m. in Room E1.014 of the Capitol
Extension and was called to order at 2:04 p.m. by the Chair,
Representative Clyde Alexander.  The Chair laid out H.B. 1124 and
recognized Representative Siebert who laid out Committee amendment
#1, and without objection, Committee amendment #1 was adopted.  The
Chair recognized the following persons who testified in support of
H.B. 1124: Jim Atchley, United Transportation Union; Bill Barton,
Texas Railroad Association.  No persons testified in opposition to
H.B. 1124.  The Chair left H.B. 1124, as amended, pending before
the Committee.  Pursuant to a public notice posted on March 16,
1995, at 5:53 p.m., the House Committee on Transportation met in a
public hearing on Wednesday, March 22, 1995 at 2:00 p.m. in Room
E1.014 of the Capitol Extension and was called to order at 6:54
p.m. after the rules were suspended on the House floor to meet in
public hearing after the posted time, by the Chair, Representative
Clyde Alexander.  The Chair laid out H.B. 1124, as amended, by
Finnell which was pending before the Committee.  Representative
Bosse moved that the Committee report H.B. 1124, as amended, to the
full House with the recommendation that it do pass.  The motion
prevailed by the following vote:  Ayes (5), Nayes (0), Absent (4),
Present not voting (0).