By:  Cain                                             S.B. No. 1549

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to a signal indicating the approach of a train.

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

 1-3           SECTION 1.  Section 545.251, Transportation Code, Acts of the

 1-4     74th Legislature, Chapter 881, Section 1, is amended to read as

 1-5     follows:

 1-6           Obedience to Signal Indicating Approach of Train.

 1-7     (a)  Whenever any person driving a vehicle approaches a railroad

 1-8     grade crossing, the driver of such vehicle shall stop within fifty

 1-9     (50) feet but not less than fifteen (15) feet from the nearest rail

1-10     of such railroad if:

1-11                 (1)  a clearly visible railroad warning signal warns of

1-12     the approach of a railroad train;

1-13                 (2)  [a crossing gate is lowered or] a human flagman

1-14     warns of the approach or passage of a railroad train;

1-15                 (3)  the driver is required to stop by:

1-16                       (A)  other law;

1-17                       (B)  a rule adopted under a statute;

1-18                       (C)  an official traffic-control device; or

1-19                       (D)  a traffic-control signal;

1-20                 (4)  a railroad engine approaching within

1-21     [approximately] fifteen hundred (1500) feet of the railroad

 2-1     [highway] crossing emits a signal audible from such distance and

 2-2     such engine by reason of its speed or nearness to such crossing is

 2-3     an immediate hazard to vehicular traffic; or

 2-4                 (5)  an approaching railroad train is plainly visible

 2-5     to the driver and in hazardous proximity to such crossing.

 2-6           (b)  The driver of a vehicle required to stop at a railroad

 2-7     grade crossing as provided by Subsection (a) of this section shall

 2-8     remain stopped until [the driver is permitted to proceed and] it is

 2-9     safe to proceed.

2-10           (c)  A person who is the driver of a vehicle commits an

2-11     offense if the person drives the vehicle around, under, or through

2-12     a crossing gate or a barrier at a railroad crossing while the gate

2-13     or barrier is closed, being closed, or being opened.

2-14           (d)  In a prosecution under Subsections (b) and (c) [(a)(5)]

2-15     of this section, proof that at the time of the offense a railroad

2-16     train was approaching the grade crossing and that the railroad

2-17     train was plainly visible to the driver [from the crossing] is

2-18     prima facie evidence that it was not safe for the driver to

2-19     proceed.

2-20           (e)  A person convicted of a violation of this section shall

2-21     be punished by a fine of not less than $50 or more than $200.

2-22           SECTION 2.  This Act takes effect September 1, 1997.

2-23           SECTION 3.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.