By Madla S.B. No. 819 74R5019 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the installation and maintenance by a railway company 1-3 of an automatic gate at a railroad grade crossing. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Automatic gate" means a traffic control device 1-7 that consists of a drive mechanism and a gate arm, that in the down 1-8 position extends across a traffic lane approaching a grade crossing 1-9 of a public highway, and that is activated immediately upon 1-10 detection of the approach of a train. 1-11 (2) "Department" means the Texas Department of 1-12 Transportation. 1-13 (3) "Grade crossing" means the intersection of a 1-14 railroad and a public highway at grade. 1-15 (4) "Public highway" means a publicly maintained way 1-16 that is open to the public for vehicular traffic. 1-17 SECTION 2. AUTOMATIC GATES REQUIRED. A railway company 1-18 shall install and maintain an automatic gate at each grade crossing 1-19 of the company's railroad in this state or contract with the 1-20 department for the installation or maintenance of an automatic gate 1-21 required by this Act. 1-22 SECTION 3. STANDARDS AND SPECIFICATIONS. (a) The 1-23 department shall not later than December 31, 1995, adopt rules that 1-24 provide standards and specifications for the automatic gates 2-1 required by this Act and for the installation and maintenance of 2-2 the gates. Installation and maintenance of a gate must be in 2-3 compliance with the rules. 2-4 (b) A rule adopted under this Act may not be inconsistent 2-5 with a regulation relating to automatic gates adopted by the United 2-6 States. 2-7 SECTION 4. COST OF INSTALLATION AND MAINTENANCE OF AUTOMATIC 2-8 GATES. The entire cost of the installation and maintenance of an 2-9 automatic gate required by this Act shall be borne by the railway 2-10 company. 2-11 SECTION 5. IMPLEMENTATION. A railway company must complete 2-12 the installation of the automatic gates required by this Act not 2-13 later than December 31, 1996. 2-14 SECTION 6. CIVIL LIABILITY. A railroad company that 2-15 violates this Act or a rule adopted under this Act is liable in 2-16 damages for all injuries occurring to persons or property from the 2-17 violation. 2-18 SECTION 7. EMERGENCY. The importance of this legislation 2-19 and the crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended, 2-23 and that this Act take effect and be in force from and after its 2-24 passage, and it is so enacted.