By Swinford H.B. No. 2810
76R9111 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the obstruction of a railroad crossing; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 471.007(a), (b), and (c), Transportation
1-6 Code, are amended to read as follows:
1-7 (a) An officer, agent, servant, or receiver of a railway
1-8 company commits an offense if the person:
1-9 (1) wilfully obstructs for more than 10 [five] minutes
1-10 a street, railroad crossing, or public highway by permitting a
1-11 train to stand on the crossing; or
1-12 (2) refuses to clear the crossing immediately after
1-13 being informed by a peace officer that an emergency situation
1-14 requires the crossing to be clear.
1-15 (b) An offense under Subsection (a)(1) [this section] is a
1-16 misdemeanor punishable by a fine of not less than $500 [$5] or more
1-17 than $1,000 [$100]. An offense under Subsection (a)(2) is a
1-18 misdemeanor punishable by a fine of not less than $1,500 or more
1-19 than $3,000.
1-20 (c) An officer making an arrest for an offense under this
1-21 section shall prepare in duplicate a citation to appear in court
1-22 showing:
1-23 (1) the name and address of the person;
1-24 (2) the offense charged; [and]
2-1 (3) the railroad company of which the person is an
2-2 officer, agent, servant, or receiver; and
2-3 (4) the time and place the person is to appear in
2-4 court.
2-5 SECTION 2. This Act takes effect September 1, 1999, and
2-6 applies only to an offense that occurs on or after that date. For
2-7 purposes of this section, an offense occurs before the effective
2-8 date of this Act if any element of the offense occurs before the
2-9 effective date. An offense that occurs before the effective date
2-10 of this Act is covered by the law in effect at the time the offense
2-11 was committed, and the former law is continued in effect for that
2-12 purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.