75R9490 DRH-D
By Siebert H.B. No. 2101
Substitute the following for H.B. No. 2101:
By Alexander C.S.H.B. No. 2101
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.