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.