By Cain S.B. No. 1098
76R6580 WP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to crew requirements for railroads.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 6380, Revised Statutes, is amended to
1-5 read as follows:
1-6 Art. 6380. FULL CREW. (a) For the purposes of this
1-7 article, a person is a qualified engineer or qualified railroad
1-8 trainman if the person has successfully completed a railroad
1-9 carrier's training program applicable to the appropriate position
1-10 and passed an examination on railroad operating rules.
1-11 (b) No railroad company or receiver of any railroad company
1-12 doing business in this State shall run over its road, or part of
1-13 its road, outside of the yard limits:
1-14 (1) any [1. Any] passenger train with less than a
1-15 full passenger crew consisting of four persons: one engineer, one
1-16 fireman, one conductor and one brakeman;[.]
1-17 (2) any [2. Any] freight train, gravel train, mixed
1-18 train, work train, or construction train with less than a full crew
1-19 consisting of two [five] persons: one qualified railroad trainman
1-20 [engineer, one fireman, one conductor] and one qualified engineer;
1-21 or
1-22 (3) any [two brakemen. 3. Any] light engine without
1-23 a full train crew consisting of three persons: one engineer, one
1-24 fireman and one conductor.
2-1 (c) [4.] The provisions of this article shall not apply to
2-2 nor include any railroad company or receiver thereof, of any line
2-3 of railroad in this State, less than twenty miles in length; and
2-4 nothing in Subsections (b)(1) and (2) of this article [subdivisions
2-5 one and two hereof] shall apply in case of disability of one or
2-6 more of any train crew while out on the road between division
2-7 terminals, or to switching crews in charge of yard engines, or
2-8 which may be required to push trains out of the yard limits.
2-9 (d) The control locomotive of a train described under
2-10 Subsection (b)(2) of this article shall be operated by a qualified
2-11 engineer at any time the locomotive is in motion. A qualified
2-12 railroad trainman on a train described under Subsection (b)(2) of
2-13 this article may dismount the train to perform necessary job
2-14 duties, including rail switching activities.
2-15 (e) This article applies to all trains operated in this
2-16 State to the extent that it does not conflict with federal law.
2-17 (f) Any such company or receiver which shall violate any
2-18 provision of this article shall be liable to this State for a
2-19 penalty of not less than one hundred nor more than one thousand
2-20 dollars for each offense. Suit for such penalty shall be brought
2-21 in Travis County or in any county in or through which such line of
2-22 railroad may run, by the Attorney General, or under his direction,
2-23 or by the county or district attorney in any county in or through
2-24 which such railroad may be operated. Such suits shall be subject
2-25 to the provisions of Article 6477.
2-26 SECTION 2. This Act takes effect September 1, 1999.
2-27 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.