1-1 By: Cain S.B. No. 1513
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 certain special stops required of motor vehicles at
1-9 railroad crossings; creating offenses and providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 86, Uniform Act Regulating Traffic on
1-12 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-13 to read as follows:
1-14 Sec. 86. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
1-15 (a) Whenever any person driving a vehicle approaches a railroad
1-16 grade crossing, the driver of such vehicle shall stop within fifty
1-17 (50) feet but not less than fifteen (15) feet from the nearest rail
1-18 of such railroad if <and shall not proceed until he can do so
1-19 safely when>:
1-20 (1) a <(a) A> clearly visible railroad
1-21 sign <electric> or <mechanical> signal warns <device gives warning>
1-22 of the <immediate> approach of a railroad train;
1-23 (2) a <(b) A> crossing gate is lowered<,> or <when> a
1-24 human flagman warns <gives or continues to give a signal> of the
1-25 approach or passage of a railroad train;
1-26 (3) the driver is required to stop by:
1-27 (A) other law;
1-28 (B) a rule adopted under a statute;
1-29 (C) an official traffic-control device;
1-30 (D) a traffic-control signal; or
1-31 (E) a railroad sign or signal <(c) A railroad
1-32 engine approaching within approximately fifteen hundred (1500) feet
1-33 of the highway crossing emits a signal audible from such distance
1-34 and such engine by reason of its speed or nearness to such crossing
1-35 is an immediate hazard>; or
1-36 (4) an <(d) An> approaching railroad train is plainly
1-37 visible and <is> in hazardous proximity to such crossing.
1-38 (b) The driver of a vehicle required to stop at a railroad
1-39 grade crossing as provided by Subsection (a) of this section shall
1-40 remain stopped until the driver is permitted to proceed and it is
1-41 safe to proceed.
1-42 (c) A person who is the driver of a vehicle commits an
1-43 offense if the person drives the vehicle around, under, or through
1-44 a crossing gate or a barrier at a railroad crossing while the gate
1-45 or barrier is closed, being closed, or being opened.
1-46 (d) In a prosecution under Subsection (a)(4) of this
1-47 section, proof that at the time of the offense a railroad train was
1-48 approaching the grade crossing and that the railroad train was
1-49 visible from the crossing is prima facie evidence that it was not
1-50 safe for the driver to proceed.
1-51 (e) A person convicted of a violation of this section shall
1-52 be punished by a fine of not less than $50 or more than $200.
1-53 SECTION 2. Section 87, Uniform Act Regulating Traffic on
1-54 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-55 to read as follows:
1-56 Sec. 87. ALL VEHICLES MUST STOP AT CERTAIN RAILROAD GRADE
1-57 CROSSINGS. The Texas Department of Transportation <State Highway
1-58 Commission> and local authorities with respect to highways under
1-59 their respective jurisdictions are hereby authorized to designate
1-60 particularly dangerous highway grade crossings of railroads and to
1-61 erect stop signs or other standard traffic-control devices thereat.
1-62 When such stop signs or other standard traffic-control devices are
1-63 erected, the driver of any vehicle shall stop within fifty (50)
1-64 feet but not less than fifteen (15) feet from the nearest rail of
1-65 such railroad and shall proceed only upon exercising due care, and
1-66 in the exercise of their authority to determine safety hazards
1-67 existing at grade crossings of streets, roads, highways and other
1-68 public rights-of-way with railroad track or tracks by the State and
2-1 all political subdivisions thereof the costs for installation and
2-2 maintenance of mechanically operated grade crossing safety devices,
2-3 gates, signs and signals shall be apportioned and paid on the same
2-4 percentage ratio and in the same proportionate amounts by the State
2-5 and all political subdivisions thereof as is the presently
2-6 established policy and practice of the State of Texas and the
2-7 Federal Government. A person convicted of a violation of this
2-8 section shall be punished by a fine of not less than $50 or more
2-9 than $200.
2-10 SECTION 3. Section 88, Uniform Act Regulating Traffic on
2-11 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-12 by adding Subsection (d) to read as follows:
2-13 (d) A person convicted of a violation of this section shall
2-14 be punished by a fine of not less than $50 or more than $200.
2-15 SECTION 4. Section 89, Uniform Act Regulating Traffic on
2-16 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-17 by adding Subsection (e) to read as follows:
2-18 (e) A person convicted of a violation of this section shall
2-19 be punished by a fine of not less than $50 or more than $200.
2-20 SECTION 5. Section 90, Uniform Act Regulating Traffic on
2-21 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-22 by adding Subsection (e) to read as follows:
2-23 (e) A person convicted of a violation of this section shall
2-24 be punished by a fine of not less than $50 or more than $200.
2-25 SECTION 6. (a) This Act takes effect September 1, 1995.
2-26 (b) The changes in law made by this Act apply only to an
2-27 offense committed on or after the effective date of this Act. An
2-28 offense committed before the effective date of this Act is covered
2-29 by the law in effect when the offense was committed, and the former
2-30 law is continued in effect for that purpose. For purposes of this
2-31 section, an offense is committed before the effective date of this
2-32 Act if any element of the offense occurred before that date.
2-33 SECTION 7. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended.
2-38 * * * * *