CLW C.S.H.B. 2101 75(R) BILL ANALYSIS TRANSPORTATION C.S.H.B. 2101 By: Siebert 4-25-97 Committee Report (Substituted) BACKGROUND Sec. 471.002, Transportation Code, requires railroad companies to place crossbuck signs at first or second class public roads and provides that if the railroad does not, and an accident occurs, then the railroad is responsible. Once the sign has been properly placed, the motorist would be obligated to yield. Under Sec. 544.010, Transportation Code, a crossbuck sign does not meet the definition of a yield sign. PURPOSE To grant railroad crossbuck signs the same authority as highway yield signs, and to make other amendments necessary to clarify driver obedience to signals indicating the approach of a train. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 545.251, Transportation Code as follows: Subsection (a)(2) is amended to clarify that a person is required to stop if a crossing gate is lowered, or a flagger warns of the approach or passage of a train. Subsection (a)(4) is amended to clarify that a person is required to stop within a certain distance of a railroad crossing if an approaching train is plainly visible to the driver and in hazardous proximity to such crossing. Subsection (a)(5) is added to broaden the conditions under which an operator is required to stop not closer than 15 feet or further than 50 feet from the nearest rail to include requirements of other law, a rule adopted under a statute, existence of a traffic-control device or a traffic control signal. Subsection (b) clarifies "operator" by adding the words "of a vehicle" and adds language specifying that the vehicle shall remain stopped until it is safe to proceed. Subsection (c) is added and specifies conditions under which an operator is required to yield the right of way to a train and proceed at a speed that is reasonable for the existing conditions. Subsection (c) further specifies that if a stop is required for safety, the operator shall stop at the designated stop line or as required by Subsection (a). Subsection (d) is added to make it an offense for an operator to drive around, under or through a crossing gate or barrier at a railroad crossing while it is closed, being closed or being opened. Subsection (e) is added providing that in prosecution, proof that at the time of the offense a train was approaching and the train was plainly visible to the operator is prima facie evidence that it was unsafe for the operator to proceed. Subsection (f) is added providing that an offense under this section is punishable by a fine not less that $50 or more than $200. SECTION 2. In addition to the substantive changes made by this Act, this act conforms Section 1, Chapter 881, Acts of the 75th Legislature, 1995. To the extent of any conflict between this Act and another Act of the 75th Legislature relating to nonsubstantive changes and revisions in enacted codes, this Act prevails. SECTION 3. Effective date -- September 1, 1997. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Language referring to the "driver" or "the person who is the driver of a vehicle" in the original has been changed to "operator" or "the operator" throughout the body of the substitute. The original amended Sec. 545.251, Acts of the 74th Legislature, Chapter 881, Section 1. The substitute amends Sec. 545.251, Transportation Code, and deletes any reference to Acts of the 74th Legislature, Chapter 881, Section 1. In (a)(1) of the original, a person is required to stop within a certain distance of a railroad crossing if a clearly visible railroad warning signal warns of the approach of a railroad train. The substitute requires the person to stop if a clearly visible electric or mechanical signal device warns of the immediate approach of a train. In (a)(2) of the original, a person is required to stop within a certain distance of a railroad crossing if a human flagman warns of the approach or passage of a railroad train. The substitute requires a person to stop if a crossing gate is lowered, or a flagger warns of the approach or passage of a train. In (a)(3) of the original, a person is required to stop within a certain distance of a railroad crossing if the driver is required to stop by: (A) other law; (B) a rule adopted under a statute; (C) an official traffic-control device; or (D) a traffic-control signal. The substitute moves this provision to (a)(5). In (a)(4) of the original, a person is required to stop within a certain distance of a railroad crossing if a railroad engine approaches within 1,500 feet of the railroad crossing, emits an audible signal, and because of its speed or nearness to the crossing, presents an immediate hazard to vehicular traffic. The substitute moves this provision to (a)(3). In (a)(5) of the original, a person is required to stop within a certain distance of a railroad crossing if an approaching train is plainly visible to the driver and in hazardous proximity to such crossing. The substitute moves this provision to (a)(4). Subsection (b) of the substitute deletes "at a railroad grade crossing" from the original and adds a reference to the added Subsection (c). Subsection (c) of the substitute is entirely new. No similar provision contained in the original. Subsection (c) of the original is moved to Subsection (d) of the substitute. Subsection (d) of the substitute was Subsection (c) of the original. Subsection (e) of the substitute was Subsection (d) of the original. Subsection (f) of the substitute was Subsection (e) of the original. SECTION 2. Section 2 of the substitute is new. No similar provision contained in the original. SECTION 3. Sec. 3 of the substitute sets the effective date, which was in Sec. 2 of the original. SECTION 4. Sec. 4 of the substitute is the Emergency Clause, which was in Sec. 3 of the original.