1-1 By: Cain S.B. No. 1512
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 11, 1995, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the implementation of an automated highway-railroad
1-9 grade crossing enforcement system demonstration project.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. DEFINITIONS. In this Act:
1-12 (1) "Automated highway-railroad grade crossing
1-13 enforcement system" means a system that:
1-14 (A) consists of a photographic camera and
1-15 vehicle sensor installed to work in conjunction with an automatic
1-16 gate installed at a grade crossing; and
1-17 (B) automatically produces one or more
1-18 photographs of a vehicle that does not stop at the automatic gate
1-19 or that proceeds past the automatic gate when movement past the
1-20 gate cannot be made safely.
1-21 (2) "Automatic gate" means a traffic control device
1-22 that consists of a drive mechanism and a gate arm that in the down
1-23 position extends across a traffic lane approaching a grade crossing
1-24 of a public highway and that is activated immediately upon
1-25 detection of the approach of a train.
1-26 (3) "Department" means the Texas Department of
1-27 Transportation.
1-28 (4) "Grade crossing" means the intersection of a
1-29 railroad and a public highway at grade.
1-30 (5) "Public highway" means a publicly maintained way
1-31 that is open to the public for vehicular traffic.
1-32 SECTION 2. INSTALLATION OF AUTOMATED HIGHWAY-RAILROAD GRADE
1-33 CROSSING ENFORCEMENT SYSTEM. (a) As a demonstration project, the
1-34 department shall install and operate an automated highway-railroad
1-35 grade crossing enforcement system in conjunction with no more than
1-36 10 automatic gates in this state.
1-37 (b) The designated automatic gates shall be selected by a
1-38 committee that consists of one representative chosen by each of the
1-39 following:
1-40 (1) the department;
1-41 (2) the Department of Public Safety;
1-42 (3) the Railroad Commission of Texas; and
1-43 (4) railroad companies operating in this state.
1-44 (c) The department shall pay costs associated with the
1-45 demonstration project required by this Act from money appropriated
1-46 to the department for the installation and maintenance of automatic
1-47 gates on public highways in this state.
1-48 SECTION 3. TERM OF PROJECT. The department shall conclude
1-49 the demonstration project required by this Act on August 31, 1997.
1-50 SECTION 4. REPORT. (a) Following the conclusion of the
1-51 demonstration project, the committee described by Subsection (b),
1-52 Section 2, of this Act shall prepare a comprehensive report on the
1-53 results of the project and make recommendations regarding the
1-54 continued use of automated highway-railroad grade crossing
1-55 enforcement systems in this state.
1-56 (b) The committee shall before January 1, 1998, deliver the
1-57 report to the governor, the legislature, and the director of the
1-58 Legislative Budget Board.
1-59 SECTION 5. EFFECTIVE DATE. This Act takes effect September
1-60 1, 1995.
1-61 SECTION 6. EMERGENCY. The importance of this legislation
1-62 and the crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
1-65 days in each house be suspended, and this rule is hereby suspended.
1-66 * * * * *