SRC-JJJ H.B. 2922 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2922
76R12432 DWS-FBy: Dunnam (Sibley)
State Affairs
5/12/1999
Engrossed


DIGEST 

Currently, numerous cities across the state are expecting problems with
trains obstructing crossings within their corporate boundaries.  In many
small towns the rail crossing may be the only way across the tracks for
many miles.  In addition to inconveniencing motorists, an obstructed
crossing may block the path of an emergency vehicle.  There is an
accountability problem with the current code in that if an individual
employee of a railroad commits an offense, the company may be held
blameless even though it may be the policy of the company to store railroad
cars on the tracks.  H.B. 2922 would establish conditions regarding the
offense of obstructing a railroad crossing with a train. 

PURPOSE

As proposed, H.B. 2922 establishes conditions regarding the offense of
obstructing a railroad crossing with a train. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 471.007(a)-(d), Transportation Code, to provide
that a railroad company commits an offense if a train  of the railway
company obstructs for more than 10 minutes a street, railway crossing, or
public highway.  Establishes that an offense under this section is a
misdemeanor punishable by a fine of not less than $100, rather than $5, or
more than $300, rather than $100.  Requires an officer charging a railway
company for an offense to prepare in duplicate a citation to appear in
court and attach one copy of the citation to the train or deliver a copy to
an employee or other agent of the railway company.  Sets forth requirements
the citation must show. Establishes that it is a defense to prosecution
that the train obstructs the street, railroad crossing, or public highway
because of an act of God or breakdown of this train.  Deletes text
regarding an offense that is committed due to the  willful obstruction by a
person; and the citation given by an officer to the conductor of the train.
Makes conforming changes.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.