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.