Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Siebert                                      H.B. No. 2101

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a signal indicating the approach of a train.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 545.251, Transportation Code, Acts of the

 1-5     74th Legislature, Chapter 881, Section 1, is amended to read as

 1-6     follows:

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

 1-8     (a)  Whenever any person driving a vehicle approaches a railroad

 1-9     grade crossing, the driver of such vehicle shall stop within fifty

1-10     (50) feet but not less than fifteen (15) feet from the nearest rail

1-11     of such railroad if:

1-12                 (1)  a clearly visible railroad warning signal warns of

1-13     the approach of a railroad train;

1-14                 (2)  [a crossing gate is lowered or] a human flagman

1-15     warns of the approach or passage of a railroad train;

1-16                 (3)  the driver is required to stop by:

1-17                       (A)  other law;

1-18                       (B)  a rule adopted under a statute;

1-19                       (C)  an official traffic-control device; or

1-20                       (D)  a traffic-control signal;

1-21                 (4)  a railroad engine approaching within

1-22     [approximately] fifteen hundred (1500) feet of the railroad

1-23     [highway] crossing emits a signal audible from such distance and

1-24     such engine by reason of its speed or nearness to such crossing is

 2-1     an immediate hazard to vehicular traffic; or

 2-2                 (5)  an approaching railroad train is plainly visible

 2-3     to the driver and in hazardous proximity to such crossing.

 2-4           (b)  The driver of a vehicle required to stop at a railroad

 2-5     grade crossing as provided by Subsection (a) of this section shall

 2-6     remain stopped until [the driver is permitted to proceed and] it is

 2-7     safe to proceed.

 2-8           (c)  A person who is the driver of a vehicle commits an

 2-9     offense if the person drives the vehicle around, under, or through

2-10     a crossing gate or a barrier at a railroad crossing while the gate

2-11     or barrier is closed, being closed, or being opened.

2-12           (d)  In a prosecution under Subsections (b) and (c) [(a)(5)]

2-13     of this section, proof that at the time of the offense a railroad

2-14     train was approaching the grade crossing and that the railroad

2-15     train was plainly visible to the driver [from the crossing] is

2-16     prima facie evidence that it was not safe for the driver to

2-17     proceed.

2-18           (e)  A person convicted of a violation of this section shall

2-19     be punished by a fine of not less than $50 or more than $200.

2-20           SECTION 2.  This Act takes effect September 1, 1997.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.