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.