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.