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.