76R12432 DWS-F                           
         By Dunnam, Swinford                                   H.B. No. 2922
         Substitute the following for H.B. No. 2922:
         By Alexander                                      C.S.H.B. No. 2922
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the offense of obstructing a railroad crossing with a
 1-3     train.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 471.007(a)-(d), Transportation Code, are
 1-6     amended to read as follows:
 1-7           (a)  A railway company commits an offense if a train of the
 1-8     railway company obstructs for more than 10 minutes a street,
 1-9     railroad crossing, or public highway [An officer, agent, servant,
1-10     or receiver of a railway company commits an offense if the person
1-11     wilfully obstructs for more than five minutes a street, railroad
1-12     crossing, or public highway by permitting a train to stand on the
1-13     crossing].
1-14           (b)  An offense under this section is a misdemeanor
1-15     punishable by a fine of not less than $100 [$5] or more than $300
1-16     [$100].
1-17           (c)  An officer charging a railway company [making an arrest]
1-18     for an offense under this section shall prepare in duplicate a
1-19     citation to appear in court and attach one copy of the citation to
1-20     the train or deliver the copy to an employee or other agent of the
1-21     railway company.  The citation must show [showing]:
1-22                 (1)  the name of the railway company [and address of
1-23     the person];
1-24                 (2)  the offense charged; and
 2-1                 (3)  the time and place that a representative of the
 2-2     railway company [the person] is to appear in court.
 2-3           (d)  It is a defense to prosecution under this section that
 2-4     the train obstructs the street, railroad crossing, or public
 2-5     highway because of an act of God or breakdown of the train  [The
 2-6     conductor of the train is an agent for service of the citation.
 2-7     The person served the citation gives a written promise to appear in
 2-8     court by signing the citation in duplicate.  The arresting officer
 2-9     shall keep the original, and the person signing shall keep the
2-10     copy.  The officer shall release the person from custody after the
2-11     person signs the citation].
2-12           SECTION 2.  (a)  The change in law made by this Act applies
2-13     only to an offense committed on or after the effective date of this
2-14     Act.  For the purposes of this section, an offense is committed
2-15     before the effective date of this Act if any element of the offense
2-16     occurs before that date.
2-17           (b)  An offense committed before the effective date of this
2-18     Act is governed by the law in effect when the offense was
2-19     committed, and the former law is continued in effect for that
2-20     purpose.
2-21           SECTION 3.  This Act takes effect September 1, 1999.
2-22           SECTION 4.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended.