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.