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.
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