By: Cain S.B. No. 1513
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain special stops required of motor vehicles at
1-2 railroad crossings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 86, Uniform Act Regulating Traffic on
1-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-6 to read as follows:
1-7 Sec. 86. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
1-8 (a) Whenever any person driving a vehicle approaches a railroad
1-9 grade crossing, the driver of such vehicle shall stop within fifty
1-10 (50) feet but not less than fifteen (15) feet from the nearest rail
1-11 of such railroad if <and shall not proceed until he can do so
1-12 safely when>:
1-13 (1) a <(a) A> clearly visible railroad
1-14 sign <electric> or <mechanical> signal warns <device giving
1-15 warning> of the <immediate> approach of a railroad train;
1-16 (2) a <(b) A> crossing gate is lowered, or <when> a
1-17 human flagman warns <gives or continues to give a signal> of the
1-18 approach or passage of a railroad train;
1-19 (3) the driver is required to stop by:
1-20 (A) other law;
1-21 (B) a rule adopted under a statute;
1-22 (C) an official traffic-control device;
1-23 (D) a traffic-control signal; or
2-1 (E) a railroad sign or signal; or <(c) A
2-2 railroad engine approaching within approximately fifteen hundred
2-3 (1500) feet of the highway crossing emits a signal audible from
2-4 such distance and such engine by reason of its speed or nearness to
2-5 such crossing is an immediate hazard;>
2-6 (4) an <(d) An> approaching railroad train is plainly
2-7 visible and <is> in hazardous proximity to such crossing.
2-8 (b) The driver of a vehicle required to stop at a railroad
2-9 grade crossing as provided by Subsection (a) of this section shall
2-10 remain stopped until the driver is permitted to proceed and it is
2-11 safe to proceed.
2-12 (c) A person who is the driver of a vehicle commits an
2-13 offense if the person drives the vehicle around, under, or through
2-14 a crossing gate or a barrier at a railroad crossing while the gate
2-15 or barrier is closed, being closed, or being opened.
2-16 (d) In a prosecution under Subsection (a)(4) of this
2-17 section, proof that at the time of the offense a railroad train was
2-18 approaching the grade crossing and that the railroad train was
2-19 visible from the crossing is prima facie evidence that it was not
2-20 safe for the driver to proceed.
2-21 (e) A person convicted of a violation of this section shall
2-22 be punished by a fine of not less than $50 or more than $200.
2-23 SECTION 2. Section 87, Uniform Act Regulating Traffic on
2-24 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-25 to read as follows:
3-1 Sec. 87. ALL VEHICLES MUST STOP AT CERTAIN RAILROAD GRADE
3-2 CROSSINGS. The Texas Department of Transportation <State Highway
3-3 Commission> and local authorities with respect to highways under
3-4 their respective jurisdictions are hereby authorized to designate
3-5 particularly dangerous highway grade crossings of railroads and to
3-6 erect stop signs or other standard traffic-control devices thereat.
3-7 When such stop signs or other standard traffic-control devices are
3-8 erected, the driver of any vehicle shall stop within fifty (50)
3-9 feet but not less than fifteen (15) feet from the nearest rail of
3-10 such railroad and shall proceed only upon exercising due care, and
3-11 in the exercise of their authority to determine safety hazards
3-12 existing at grade crossings of streets, roads, highways and other
3-13 public rights-of-way with railroad track or tracks by the State and
3-14 all political subdivisions thereof the costs for installation and
3-15 maintenance of mechanically operated grade crossing safety devices,
3-16 gates, signs and signals shall be apportioned and paid on the same
3-17 percentage ratio and in the same proportionate amounts by the State
3-18 and all political subdivisions thereof as is the presently
3-19 established policy and practice of the State of Texas and the
3-20 Federal Government. A person convicted of a violation of this
3-21 section shall be punished by a fine of not less than $50 or more
3-22 than $200.
3-23 SECTION 3. Section 88, Uniform Act Regulating Traffic on
3-24 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
3-25 by adding Subsection (d) to read as follows:
4-1 (d) A person convicted of a violation of this section shall
4-2 be punished by a fine of not less than $50 or more than $200.
4-3 SECTION 4. Section 89, Uniform Act Regulating Traffic on
4-4 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
4-5 by adding Subsection (e) to read as follows:
4-6 (e) A person convicted of a violation of this section shall
4-7 be punished by a fine of not less than $50 or more than $200.
4-8 SECTION 5. Section 90, Uniform Act Regulating Traffic on
4-9 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
4-10 by adding Subsection (e) to read as follows:
4-11 (e) A person convicted of a violation of this section shall
4-12 be punished by a fine of not less than $50 or more than $200.
4-13 SECTION 6. (a) This Act takes effect September 1, 1995.
4-14 (b) The changes in law made by this Act apply only to an
4-15 offense committed on or after the effective date of this Act. An
4-16 offense committed before the effective date of this Act is covered
4-17 by the law in effect when the offense was committed, and the former
4-18 law is continued in effect for that purpose. For purposes of this
4-19 section, an offense was committed before the effective date of this
4-20 Act if any element of the offense occurred before that date.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.