BILL ANALYSIS


                                                        S.B. 1513
                                                         By: Cain
                                                    State Affairs
                                                          4-11-95
                                     Committee Report (Unamended)
BACKGROUND

In 1993, Texas experienced 452 crashes at public grade crossings
between motor vehicles and trains.  The majority of these
collisions occurred at crossings having automatic signals where the
motorists either failed to understand or simply ignored the
warning. Preliminary reports indicate that in 1994, there were 10
percent more vehicle-train crashes than in 1993.  

The government attempts to prevent these accidents in three ways,
primarily, engineering to provide effective systems to warn of
intersections between railroads and highways or approaching trains,
enforcement of safety laws governing driver behavior and train
operations, and education to ensure that drivers understand the
laws that govern motor vehicle operation at the intersections
between railroads and highways.

Additional engineering efforts are constrained by governmental
resources, forcing government to look at low-cost means to improve
crossing safety by ensuring that motorists understand and obey
grade crossing warning devices. 

PURPOSE

As proposed, S.B. 1513 requires certain vehicles to stop at
railroad crossings and sets forth the procedures for the stops.

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 Section 86, Article 6701d, V.T.C.S. (Uniform Act
Regulating Traffic on Highways), as follows:

     Sec. 86.  OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN. 
     (a) Requires the driver of a vehicle whenever approaching a
     railroad grade crossing to stop within a certain distance of
     the railroad if a clearly visible railroad sign, rather than
     electric or mechanical device, warns of the approach, rather
     than the immediate approach of a train; a crossing gate is
     lowered or a human flagman warns of the approach of a train;
     the driver is required to stop by other laws, rules, or
     signals; or an approaching train is visible and in hazardous
     proximity to such crossing.  Makes conforming changes.
     
     (b) Requires the driver to remain stopped until the driver
       is permitted to proceed and it is safe to proceed.
       
       (c) Provides that a driver commits an offense if the person
       drives the vehicle around, under, or through a crossing gate
       or a barrier at a railroad crossing while the gate or
       barrier is closed, being closed, or being opened.
       
       (d) Provides that proof that at the time of the offense a
       train was approaching the grade crossing and that the train
       was visible from the crossing is prima facie evidence that
       it was not safe for the driver to proceed.
       
       (e) Requires a person convicted of a violation to be
       punished by a fine of between $50 and $200.
     SECTION 2.     Amends Section 87, Article 6701d, V.T.C.S., to make
conforming and nonsubstantive changes.

SECTION 3. Amends Section 88, Article 6701d, V.T.C.S., by adding
Subsection (d), to make conforming changes regarding violations by
motor buses.

SECTION 4. Amends Section 89, Article 6701d, V.T.C.S., by adding
Subsection (e), to make conforming changes regarding violations by
vehicles carrying explosive substances or flammable liquids.

SECTION 5. Amends Section 90, Article 6701d, V.T.C.S., by adding
Section (e), to make conforming changes regarding violations by any
crawler-type tractor, steam shovel, derrick, roller, or any
equipment or structure meeting certain requirements.

SECTION 6. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 7. Emergency clause.