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.
2-3 * * * * *