Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Harris                                   S.B. No. 753

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the liability of the operator of a railroad.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Article 6432, Revised Statutes, is amended to

 1-4     read as follows:

 1-5           Art. 6432.  Injury to fellow servant.  (a)  Every person,

 1-6     receiver, or corporation operating a railroad or street railway,

 1-7     the line of which shall be situated in whole or in part in this

 1-8     State, shall be liable for all damages sustained by any servant or

 1-9     employee thereof while engaged in the work of operating the cars,

1-10     locomotives or trains of such person, receiver, or corporation, by

1-11     reason of the negligence of any other servant or employee of such

1-12     person, receiver, or corporation, and the fact that such servants

1-13     or employees were fellow-servants with each other shall not impair

1-14     or destroy such liability.

1-15           (b)  Subsection (a) of this article does not apply to that

1-16     part of the operation of a person, receiver, or corporation:

1-17                 (1)  that consists solely of the fabrication,

1-18     manufacture, repair, or storage of rail rolling stock; or

1-19                 (2)  that uses rail cars only as a part of its internal

1-20     manufacturing or production process.

1-21           SECTION 2.  The change in law made by this Act applies only

1-22     to a cause of action that accrues on or after the effective date of

1-23     this Act.  A cause or action that accrued before the effective date

 2-1     of this Act is governed by the law in effect at the time the cause

 2-2     of action accrued, and the former law is continued in effect for

 2-3     that purpose.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended,

 2-9     and that this Act take effect and be in force from and after its

2-10     passage, and it is so enacted.