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.