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.