1-1 By: Dunnam, Swinford, Gallego H.B. No. 2922
1-2 (Senate Sponsor - Sibley)
1-3 (In the Senate - Received from the House May 5, 1999;
1-4 May 6, 1999, read first time and referred to Committee on State
1-5 Affairs; May 14, 1999, reported favorably by the following vote:
1-6 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the offense of obstructing a railroad crossing with a
1-10 train.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 471.007(a)-(d), Transportation Code, are
1-13 amended to read as follows:
1-14 (a) A railway company commits an offense if a train of the
1-15 railway company obstructs for more than 10 minutes a street,
1-16 railroad crossing, or public highway [An officer, agent, servant,
1-17 or receiver of a railway company commits an offense if the person
1-18 wilfully obstructs for more than five minutes a street, railroad
1-19 crossing, or public highway by permitting a train to stand on the
1-20 crossing].
1-21 (b) An offense under this section is a misdemeanor
1-22 punishable by a fine of not less than $100 [$5] or more than $300
1-23 [$100].
1-24 (c) An officer charging a railway company [making an arrest]
1-25 for an offense under this section shall prepare in duplicate a
1-26 citation to appear in court and attach one copy of the citation to
1-27 the train or deliver the copy to an employee or other agent of the
1-28 railway company. The citation must show [showing]:
1-29 (1) the name of the railway company [and address of
1-30 the person];
1-31 (2) the offense charged; and
1-32 (3) the time and place that a representative of the
1-33 railway company [the person] is to appear in court.
1-34 (d) It is a defense to prosecution under this section that
1-35 the train obstructs the street, railroad crossing, or public
1-36 highway because of an act of God or breakdown of the train [The
1-37 conductor of the train is an agent for service of the citation.
1-38 The person served the citation gives a written promise to appear in
1-39 court by signing the citation in duplicate. The arresting officer
1-40 shall keep the original, and the person signing shall keep the
1-41 copy. The officer shall release the person from custody after the
1-42 person signs the citation].
1-43 SECTION 2. (a) The change in law made by this Act applies
1-44 only to an offense committed on or after the effective date of this
1-45 Act. For the purposes of this section, an offense is committed
1-46 before the effective date of this Act if any element of the offense
1-47 occurs before that date.
1-48 (b) An offense committed before the effective date of this
1-49 Act is governed by the law in effect when the offense was
1-50 committed, and the former law is continued in effect for that
1-51 purpose.
1-52 SECTION 3. This Act takes effect September 1, 1999.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *