ZEM H.B. 2247 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2247 By: Gray 4-3-97 Committee Report (Unamended) BACKGROUND Currently, a person, receiver, or corporation involved in intrastate commerce that fabricates, manufactures, repairs or stores rail cars or uses rail cars as part of its internal manufacturing or production process, is considered a railroad within the terms and meaning of Article 6432 of the Texas Railroad Act enacted in 1897 and applicable today in the state of Texas. This article addresses employers' liability for injuries to employees working for employers operating a railroad. This statute was established prior to the enactment of the Federal Employers' Liability Act (FELA). "Common carriers on a railroad" involved in interstate commerce are liable for injuries to employees under FELA. PURPOSE The purpose of this bill is to clarify the definition of a "railroad" so that it does not include a person, receiver, or corporation that fabricates, manufactures, repairs or stores rail rolling stock or that uses rail cars only as part of its internal manufacturing or production process. 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 Chapter 10, Title 112, Revised Statutes by adding Article 6432A. Article 6432A Establishes provisions dealing with liability of injuries to an employee, of a person, receiver or corporation; exempts operations which consist solely of the manufacture, repair or storage of rail rolling stock or which use rail cars solely for internal manufacture or production. SECTION 2. Applies prospectively. Savings clause. SECTION 3. Emergency clause; effective date: upon passage.