By Siebert                                            H.B. No. 2101

         75R9490 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to stopping at railroad grade crossings; providing

 1-3     penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 545.251, Transportation Code, is amended

 1-6     to read as follows:

 1-7           Sec. 545.251.  OBEDIENCE TO SIGNAL INDICATING APPROACH OF

 1-8     TRAIN.  (a)  An operator approaching a railroad grade crossing

 1-9     shall stop not closer than 15 feet or farther than 50 feet from the

1-10     nearest rail if:

1-11                 (1)  a clearly visible electric or mechanical signal

1-12     device warns of the immediate approach of a train;

1-13                 (2)  a crossing gate is lowered, or a flagger warns of

1-14     [signals] the approach or passage of a train;

1-15                 (3)  a railroad engine approaching within approximately

1-16     1,500 feet of the highway crossing emits a signal audible from that

1-17     distance and the engine is an immediate hazard because of its speed

1-18     or proximity to the crossing; [or]

1-19                 (4)  an approaching train is plainly visible to the

1-20     operator and is in hazardous proximity to the crossing; or

1-21                 (5)  the operator is required to stop by:

1-22                       (A)  other law;

1-23                       (B)  a rule adopted under a statute;

1-24                       (C)  an official traffic-control device; or

 2-1                       (D)  a traffic-control signal.

 2-2           (b)  An operator of a vehicle [who stops as] required by

 2-3     Subsection (a) or (c) to stop shall remain stopped until [may not

 2-4     proceed until] it is safe to proceed [do so].

 2-5           (c)  An operator of a vehicle who approaches a railroad grade

 2-6     crossing equipped with railroad crossbuck signs without automatic,

 2-7     electric, or mechanical signal devices, crossing gates, or a

 2-8     flagger giving a signal on the approach or passage of a train shall

 2-9     yield the right-of-way to a train and proceed at a speed that is

2-10     reasonable for the existing conditions.  If required for safety,

2-11     the operator shall stop at a clearly marked stop line before the

2-12     grade crossing or, if no stop line exists, as required by

2-13     Subsection (a).

2-14           (d)  An operator commits an offense if the operator drives

2-15     around, under, or through a crossing gate or a barrier at a

2-16     railroad crossing while the gate or barrier is closed, being

2-17     closed, or being opened.

2-18           (e)  In a prosecution under this section, proof that at the

2-19     time of the offense a train was approaching the grade crossing and

2-20     that the train was plainly visible to the operator is prima facie

2-21     evidence that it was not safe for the operator to proceed.

2-22           (f)  An offense under this section is punishable by a fine of

2-23     not less than $50 or more than $200.

2-24           SECTION 2.  In addition to the substantive changes made by

2-25     this Act, this Act conforms Section 545.251, Transportation Code,

2-26     to Section 1, Chapter 881, Acts of the 74th Legislature, 1995.  To

2-27     the extent of any conflict between this Act and another Act of the

 3-1     75th Legislature relating to nonsubstantive changes and revisions

 3-2     in enacted codes, this Act prevails.

 3-3           SECTION 3.  This Act takes effect September 1, 1997.

 3-4           SECTION 4.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.