By:  Cain                                             S.B. No. 1098
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to crew requirements for railroads.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Article 6380, Revised Statutes, is amended to
 1-4     read as follows:
 1-5           Art. 6380.  FULL CREW.  (a)  For the purposes of this
 1-6     article, a person is a qualified engineer or qualified railroad
 1-7     conductor if the person has successfully completed a railroad
 1-8     carrier's training program applicable to the appropriate position
 1-9     and passed an examination on railroad operating rules.
1-10           (b)  No railroad company or receiver of any railroad company
1-11     doing business in this State shall run over its road, or part of
1-12     its road, outside of the yard limits:
1-13                 (1)  any [1.  Any] passenger train with less than a
1-14     full passenger crew consisting of four persons:  one engineer, one
1-15     fireman, one conductor, and one brakeman;[.]
1-16                 (2)  any [2.  Any] freight train, gravel train, mixed
1-17     train, work train, or construction train with less than a full crew
1-18     consisting of two [five] persons:  one qualified railroad
1-19     [engineer, one fireman, one] conductor and one qualified engineer;
1-20     or
1-21                 (3)  any [two brakemen.]
1-22                 [3.  Any] light engine with less than [without] a full
1-23     [train] crew consisting of two [three] persons:  one qualified
1-24     engineer[, one fireman] and one qualified railroad conductor.
 2-1           (c)  [4.]  The provisions of this article shall not apply to
 2-2     a designated service or repair track when that repair track is
 2-3     protected by switch locks, blue flags, and derails and the movement
 2-4     will not consist of occupying a main track [nor include any
 2-5     railroad company or receiver thereof, of any line of railroad in
 2-6     this State, less than twenty miles in length; and nothing in
 2-7     subdivisions one and two hereof shall apply in case of disability
 2-8     of one or more of any train crew while out on the road between
 2-9     division terminals, or to switching crews in charge of yard
2-10     engines, or which may be required to push trains out of the yard
2-11     limits].
2-12           (d)  The control locomotive of a train described under
2-13     Subsection (b)(2) of this article shall be operated by a qualified
2-14     engineer at any time the locomotive is in motion.  A qualified
2-15     railroad conductor on a train described under Subsection (b)(2) of
2-16     this article may dismount the train to perform necessary job
2-17     duties, including rail switching activities.
2-18           (e)  Nothing in this article shall prevent the railroads from
2-19     operating with crews consisting of more than two persons.
2-20           (f)  This article applies to all trains operated in this
2-21     State to the extent that it does not conflict with federal law.
2-22           (g)  Any such company or receiver which shall violate any
2-23     provision of this article shall be liable to this State for a
2-24     penalty of not less than one hundred nor more than one thousand
2-25     dollars for each offense.  Suit for such penalty shall be brought
2-26     in Travis County or in any county in or through which such line of
 3-1     railroad may run, by the Attorney General, or under his direction,
 3-2     or by the county or district attorney in any county in or through
 3-3     which such railroad may be operated.  Such suits shall be subject
 3-4     to the provisions of Article 6477.
 3-5           SECTION 2.  This Act takes effect September 1, 1999.
 3-6           SECTION 3.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.