HBA-EVB H.B. 2423 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2423
By: Alexander
Transportation
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires a full crew, consisting of a specified number of
persons,  for passenger, freight, gravel, or construction trains and light
engines. H.B. 2423 changes crew requirements for freight, gravel, and
construction trains and makes those requirements also applicable to mixed
trains and work trains. H.B. 2423 also requires a qualified engineer to
operate a control locomotive at any time the locomotive is in motion. This
bill authorizes a qualified railroad trainman to dismount the train to
perform necessary job duties. This bill also establishes the qualifications
for a qualified engineer and a qualified railroad trainman. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6380, V.T.C.S., as follows:

Art. 6380. FULL CREW. (a) Establishes criteria for a qualified engineer or
a qualified railroad trainman for the purposes of this article. 

(b) Creates Subsection (b) from existing text. Prohibits any railroad
company or receiver of any railroad company doing business in this state
from running over its road, or part of its road, outside of the yard
limits, any freight train, gravel train, mixed train, work train, or
construction train with less than a two-person crew, including one
qualified engineer and one qualified railroad trainman,  rather than one
engineer, one fireman, one conductor, and two brakemen. Makes
nonsubstantive changes. 

(c) Prohibits the application of the provisions of this article from
applying to any railroad company or receiver thereof, of a railroad in this
state, less than twenty miles in length. Prohibits  the application of
Subsection (b) of this article in case of a passenger train, freight train,
gravel train, mixed train, work train, or construction train crew or
switching crew disability. 

(d) Requires a qualified engineer to operate the control locomotive of a
moving freight train, gravel train, mixed train, work train, or
construction train. Authorizes a qualified railroad trainman on such a
train to dismount the train to perform necessary duties, including rail
switching activities. 

(e) Provides that this article applies to all trains operated in this state
to the extent that it does not conflict with federal law. 

(f) Creates this subsection from existing text.

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.