1-1     By:  Siebert (Senate Sponsor - Cain)                  H.B. No. 2101

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; May 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2101                    By:  Cain

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to stopping at railroad grade crossings; providing

1-11     penalties.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 545.251, Transportation Code, is amended

1-14     to read as follows:

1-15           Sec. 545.251.  OBEDIENCE TO SIGNAL INDICATING APPROACH OF

1-16     TRAIN.  (a)  An operator approaching a railroad grade crossing

1-17     shall stop not closer than 15 feet or farther than 50 feet from the

1-18     nearest rail if:

1-19                 (1)  a clearly visible electric or mechanical signal

1-20     device warns of the immediate approach of a train;

1-21                 (2)  a crossing gate is lowered, or a flagger warns of

1-22     [signals] the approach or passage of a train;

1-23                 (3)  a railroad engine approaching within approximately

1-24     1,500 feet of the highway crossing emits a signal audible from that

1-25     distance and the engine is an immediate hazard because of its speed

1-26     or proximity to the crossing; [or]

1-27                 (4)  an approaching train is plainly visible to the

1-28     operator and is in hazardous proximity to the crossing; or

1-29                 (5)  the operator is required to stop by:

1-30                       (A)  other law;

1-31                       (B)  an official traffic-control device; or

1-32                       (C)  a traffic-control signal.

1-33           (b)  An operator of a vehicle [who stops as] required by

1-34     Subsection (a) to stop shall remain stopped until [may not proceed

1-35     until] it is safe to proceed [do so].

1-36           (c)  An operator of a vehicle who approaches a railroad grade

1-37     crossing equipped with railroad crossbuck signs without automatic,

1-38     electric, or mechanical signal devices, crossing gates, or a

1-39     flagger warns of the approach or passage of a train shall yield the

1-40     right-of-way to a train in hazardous proximity to the crossing.  If

1-41     required for safety, the operator shall stop at a clearly marked

1-42     stop line before the grade crossing or, if no stop line exists, not

1-43     closer than 15 feet or farther than 50 feet from the nearest rail.

1-44           (d)  An operator commits an offense if the operator drives

1-45     around, under, or through a crossing gate or a barrier at a

1-46     railroad crossing while the gate or barrier is closed, being

1-47     closed, or being opened.

1-48           (e)  In a prosecution under this section, proof that at the

1-49     time of the offense a train was in hazardous proximity to the

1-50     crossing and that the train was plainly visible to the operator is

1-51     prima facie evidence that it was not safe for the operator to

1-52     proceed.

1-53           (f)  An offense under this section is punishable by a fine of

1-54     not less than $50 or more than $200.

1-55           SECTION 2.  In addition to the substantive changes made by

1-56     this Act, this Act conforms Section 545.251, Transportation Code,

1-57     to Section 1, Chapter 881, Acts of the 74th Legislature, 1995.  To

1-58     the extent of any conflict between this Act and another Act of the

1-59     75th Legislature relating to nonsubstantive changes and revisions

1-60     in enacted codes, this Act prevails.

1-61           SECTION 3.  This Act takes effect September 1, 1997.

1-62           SECTION 4.  The importance of this legislation and the

1-63     crowded condition of the calendars in both houses create an

1-64     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

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

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