BILL ANALYSIS


                                                        H.B. 1124
                                         By: Finnell (Armbrister)
                                                    State Affairs
                                                          5-16-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law does not address the problem of railroad crossing
violations of motor vehicles.  Texas is currently leading the
nation in the number of vehicle/train accidents.  Considering that,
in 1993, 54 percent of all vehicle/train accidents in Texas
occurred at crossings equipped with active warning devices, it is
evident that additional measures are necessary to ensure public
safety at rail grade crossings.

PURPOSE

As proposed, H.B. 1124 sets forth regulations regarding the
investigation of certain railroad crossing violations reported by
a railway employee.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6701d, V.T.C.S., by adding Section 90A,
as follows:

     Sec. 90A.  REPORT AND INVESTIGATION OF RAILROAD CROSSING
     VIOLATION.  (a) Authorizes an on-engine employee of a railway
     company, while on a moving engine, who on site observes a
     violation of Section 86, 87, 88, 89, or 90 of this Act, to
     file a report of the violation, within 72 hours after the
     violation, on a form approved by the Texas Department of
     Transportation (department), with an office of the department
     located in the county in which the violation occurred; the
     sheriff of the county in which the violation occurred, if the
     violation occurred in the unincorporated area of a county; or
     the police department of a municipality, if the violation
     occurred in the municipality.
     
     (b) Requires a report filed under Subsection (a) of this
       section to contain certain information.
       
       (c) Authorizes a peace officer to initiate an investigation
       of the alleged violation by a certain date, and to request
       the owner of the reported vehicle to disclose the name and
       address of the person who was operating that vehicle at the
       time of the violation alleged in the report.
       
       (d) Requires the owner to disclose the operator's name and
       address, unless the owner of the reported vehicle believes
       that to provide the peace officer with the name and address
       of the person operating the vehicle would incriminate the
       owner.
       
       (e) Authorizes an investigating officer who has probable
       cause to believe that a charge against an individual for a
       violation of Section 86, 87, 88, 89, or 90 of this Act is
       justified, to prepare a written notice to appear in court
       that complies with Section 148 of this Act, and to deliver
       the notice to the individual named in the notice in person
       or by certified mail.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.