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.