By Seidlits H.B. No. 2974
74R7676 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the implementation of an automated highway-railroad
1-3 grade crossing enforcement system demonstration project.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Automated highway-railroad grade crossing
1-7 enforcement system" means a system that:
1-8 (A) consists of a photographic camera and
1-9 vehicle sensor installed to work in conjunction with an automatic
1-10 gate installed at a grade crossing; and
1-11 (B) automatically produces one or more
1-12 photographs of a vehicle that does not stop at the automatic gate
1-13 or that proceeds past the automatic gate when movement past the
1-14 gate cannot be made safely.
1-15 (2) "Automatic gate" means a traffic control device
1-16 that consists of a drive mechanism and a gate arm, that in the down
1-17 position extends across a traffic lane approaching a grade crossing
1-18 of a public highway, and that is activated immediately upon
1-19 detection of the approach of a train.
1-20 (3) "Department" means the Texas Department of
1-21 Transportation.
1-22 (4) "Grade crossing" means the intersection of a
1-23 railroad and a public highway at grade.
1-24 (5) "Public highway" means a publicly maintained way
2-1 that is open to the public for vehicular traffic.
2-2 SECTION 2. INSTALLATION OF AUTOMATED HIGHWAY-RAILROAD GRADE
2-3 CROSSING ENFORCEMENT SYSTEM. (a) As a demonstration project, the
2-4 department shall install and operate an automated highway-railroad
2-5 grade crossing enforcement system in conjunction with no more than
2-6 10 automatic gates in this state.
2-7 (b) The designated automatic gates shall be selected by a
2-8 committee that consists of one representative chosen by each of the
2-9 following:
2-10 (1) the department;
2-11 (2) the Department of Public Safety;
2-12 (3) the Railroad Commission of Texas; and
2-13 (4) railroad companies operating in this state.
2-14 (c) The department shall pay costs associated with the
2-15 demonstration project required by this Act from money appropriated
2-16 to the department for the installation and maintenance of automatic
2-17 gates on public highways in this state.
2-18 SECTION 3. TERM OF PROJECT. The department shall conclude
2-19 the demonstration project required by this Act on August 31, 1997.
2-20 SECTION 4. REPORT. (a) Following the conclusion of the
2-21 demonstration project, the committee described by Section 2(b) of
2-22 this Act shall prepare a comprehensive report on the results of the
2-23 project and make recommendations regarding the continued use of
2-24 automated highway-railroad grade crossing enforcement systems in
2-25 this state.
2-26 (b) The committee shall before January 1, 1998, deliver the
2-27 report to the governor, the legislature, and the director of the
3-1 Legislative Budget Board.
3-2 SECTION 5. EFFECTIVE DATE. This Act takes effect September
3-3 1, 1995.
3-4 SECTION 6. EMERGENCY. The importance of this legislation
3-5 and the crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.
3-9 COMMITTEE AMENDMENT NO. 1
3-10 Amend H.B. 2974 as follows:
3-11 (1) On page 2, strike lines 7-13 and substitute "(b) The
3-12 Department of Public Safety, the Railroad Commission of Texas, and
3-13 each county and municipality in this state shall cooperate with the
3-14 department in the implementation of this Act.";
3-15 (2) On page 2, line 21, strike "committee described by
3-16 Section 2(b) of this Act" and substitute "department";
3-17 (3) On page 2, line 26, strike "committee" and substitute
3-18 "department".
3-19 Bosse