By Finnell H.B. No. 1124 74R4521 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the investigation of certain railroad crossing 1-3 violations reported by a railway employee. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article XI, Uniform Act Regulating Traffic on 1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended 1-7 by adding Section 90A to read as follows: 1-8 Sec. 90A. REPORT AND INVESTIGATION OF RAILROAD CROSSING 1-9 VIOLATION. (a) An employee of a railway company who observes a 1-10 violation of Section 86, 87, 88, 89, or 90 of this Act may, within 1-11 72 hours after the violation, allege that the violation occurred by 1-12 filing a report of the violation, on a form approved by the 1-13 department, with: 1-14 (1) an office of the department located in the county 1-15 in which the violation occurred; 1-16 (2) the sheriff of the county in which the violation 1-17 occurred, if the violation occurred in the unincorporated area of a 1-18 county; or 1-19 (3) the police department of a municipality, if the 1-20 violation occurred in the municipality. 1-21 (b) A report filed under Subsection (a) of this section must 1-22 contain, in addition to any other required information: 1-23 (1) the date, time, and location of the violation; 1-24 (2) the license number and description of the vehicle 2-1 involved in the violation; 2-2 (3) a description of the operator of the vehicle 2-3 involved in the violation; and 2-4 (4) the name, address, and telephone number of the 2-5 railway employee filing the report. 2-6 (c) A peace officer may: 2-7 (1) before the seventh day after the date a report 2-8 under this section is filed, initiate an investigation of the 2-9 alleged violation; and 2-10 (2) request the owner of the reported vehicle, as 2-11 shown by the registration records of the Texas Department of 2-12 Transportation, to disclose the name and address of the person who 2-13 was operating that vehicle at the time of the violation alleged in 2-14 the report. 2-15 (d) Unless the owner of the reported vehicle believes that 2-16 to provide the peace officer with the name and address of the 2-17 person operating the vehicle at the time of the alleged offense 2-18 would incriminate the owner, the owner shall, to the best of the 2-19 owner's ability, disclose the operator's name and address. 2-20 (e) An investigating officer who has probable cause to 2-21 believe that a charge against an individual for a violation of 2-22 Section 86, 87, 88, 89, or 90 of this Act is justified may: 2-23 (1) prepare a written notice to appear in court that 2-24 complies with Section 148 of this Act; and 2-25 (2) deliver the notice to the individual named in the 2-26 notice in person or by certified mail. 2-27 SECTION 2. This Act takes effect September 1, 1995. 3-1 SECTION 3. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended.