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