By Hilderbran                                   H.B. No. 2583

      75R7263 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the placement of hike and bike trails near active

 1-3     railroad tracks.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 6, Title 112, Revised Statutes, is

 1-6     amended by adding Article 6331a to read as follows:

 1-7           Art. 6331a.  HIKE AND BIKE TRAILS NEAR ACTIVE RAILROAD TRACKS

 1-8           Sec. 1.  DEFINITIONS.  In this article:

 1-9                 (1)  "Active railroad track" means a railroad track

1-10     that is regularly used by freight or passenger trains.

1-11                 (2)  "Hike and bike trail" means a trail or path

1-12     designed exclusively for pedestrians, bicyclists, or both.

1-13                 (3)  "Person" includes corporation, organization,

1-14     government or governmental subdivision or agency, business trust,

1-15     estate, trust, partnership, association, and any other legal

1-16     entity.

1-17           Sec. 2.  HIKE AND BIKE TRAILS NEAR ACTIVE RAILROAD TRACK

1-18     PROHIBITED.  (a)  A person may not construct or place a hike and

1-19     bike trail so that the centerline of the trail is less than

1-20     one-fourth mile to the centerline of an active railroad track,

1-21     except as necessary for the trail to cross the track.

1-22           (b)  A hike and bike trail may not cross an active railroad

1-23     track at grade level.

1-24           Sec. 3.  INJUNCTION.  The commissioners court of a county in

 2-1     which a hike and bike trail is constructed or placed in violation

 2-2     of Section 2 of this article may file a civil action against the

 2-3     person constructing or operating the trail or against the owner of

 2-4     the property on which the trail is constructed or placed to:

 2-5                 (1)  obtain an injunction prohibiting the construction

 2-6     of the trail;

 2-7                 (2)  obtain an injunction prohibiting the operation or

 2-8     use of the trail; or

 2-9                 (3)  obtain a mandatory injunction requiring removal of

2-10     the trail.

2-11           SECTION 2.  This Act takes effect September 1, 1997.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.