SRC-MAX C.S.H.B. 2101 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2101
By: Siebert (Cain)
State Affairs
5-17-97
Committee Report (Substituted)


DIGEST 

Currently, Section 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.  This bill sets forth provisions
regarding stopping at railroad grade crossings and provides penalties. 

PURPOSE

As proposed, C.S.H.B. 2101 sets forth provisions regarding stopping at
railroad grade crossings; provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 545.251, Transportation Code, to require an
operator approaching a railroad grade crossing to stop not closer than 15
feet or farther than 50 feet from the nearest rail if a crossing gate is
lowered, or a flagger warns of, rather than signals, the approach or
passage of a train; an approaching train is plainly visible to the
operator and is in hazardous proximity to the crossing, or the operator is
required to stop by certain provisions of law.  Sets forth provisions for
an operator of a vehicle with respect to railroad crossings.  Provides
that an operator commits an offense if the operator drives around, under,
or through a crossing gate or a barrier at a railroad crossing while the
gate or barrier is closed, being closed, or being opened.  Sets forth a
provision regarding prosecution under this section. Provides that an
offense under this section is punishable by a fine of not less than $50 or
more than $200.   

SECTION 2. Provides that this Act conforms Section 545.251, Transportation
Code, to Section 1, Chapter 881, Acts of the 74th Legislature, 1995.
Provides that this Act prevails in any conflict between this Act and
another Act of the 75th Legislature. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 545.251, Transportation Code, to delete a provision
requiring an operator approaching a railroad grade crossing to stop not
closer than 15 feet or farther than 50 feet from the nearest rail if the
operator is required to stop by a rule adopted under a statute. Deletes
Subsection (c) from the requirements of Subsection (b).  Requires an
operator of a vehicle equipped with railroad crossbuck signs or other
automatic, electric, or mechanical  signal devices, crossing gates, or a
flagger warns of the approach of a train, rather than signals the approach
of a train, to yield the right-of-way to a train in hazardous proximity to
the crossing, rather than to yield and proceed at a speed that is
reasonable for the existing conditions.  Requires the operator to stop at
a clearly marked stop line before the grade crossing of, if no stop line
exists, not closer than 15 feet or farther than 50 feet from the nearest
rail, rather than as required by Subsection (a).  Makes conforming and
nonsubstantive changes.