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)  an official traffic-control device; or

1-24                       (C)  a traffic-control signal.

 2-1           (b)  An operator of a vehicle [who stops as] required by

 2-2     Subsection (a) to stop shall remain stopped until [may not proceed

 2-3     until] it is safe to proceed [do so].

 2-4           (c)  An operator of a vehicle who approaches a railroad grade

 2-5     crossing equipped with railroad crossbuck signs without automatic,

 2-6     electric, or mechanical signal devices, crossing gates, or a

 2-7     flagger warning of the approach or passage of a train shall yield

 2-8     the right-of-way to a train in hazardous proximity to the crossing,

 2-9     and proceed at a speed that is reasonable for the existing

2-10     conditions.  If required for safety, the operator shall stop at a

2-11     clearly marked stop line before the grade crossing or, if no stop

2-12     line exists, not closer than 15 feet or farther than 50 feet from

2-13     the nearest rail.

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 in hazardous proximity to the

2-20     crossing and that the train was plainly visible to the operator is

2-21     prima facie evidence that it was not safe for the operator to

2-22     proceed.

2-23           (f)  An offense under this section is punishable by a fine of

2-24     not less than $50 or more than $200.

2-25           SECTION 2.  In addition to the substantive changes made by

2-26     this Act, this Act conforms Section 545.251, Transportation Code,

2-27     to Section 1, Chapter 881, Acts of the 74th Legislature, 1995.  To

 3-1     the extent of any conflict between this Act and another Act of the

 3-2     75th Legislature relating to nonsubstantive changes and revisions

 3-3     in enacted codes, this Act prevails.

 3-4           SECTION 3.  This Act takes effect September 1, 1997.

 3-5           SECTION 4.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2101 was passed by the House on May

         7, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2101 on May 25, 1997, by a non-record

         vote; and that the House adopted H.C.R. No. 307 authorizing certain

         corrections in H.B. No. 2101 on May 27, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2101 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote; and that the

         Senate adopted H.C.R. No. 307 authorizing certain corrections in

         H.B. No. 2101 on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor