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.
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