By Alexander, et al. H.B. No. 2606
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to crew requirements for certain 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) In this article, "road" does not
1-7 include a designated service or repair track where the service or
1-8 repair track is:
1-9 (1) protected by:
1-10 (A) switch locks;
1-11 (B) blue flags; and
1-12 (C) derails; and
1-13 (2) not a main track.
1-14 (b) No railroad company or receiver of any railroad company
1-15 doing business in this State shall run over its road, or part of
1-16 its road, outside of the yard limits:
1-17 (1) any [1. Any] passenger train with less than a
1-18 full passenger crew consisting of four persons: one engineer, one
1-19 fireman, one conductor, and one brakeman;[.]
1-20 (2) any [2. Any] freight train, gravel train, mixed
1-21 train, work train, or construction train with less than a full crew
1-22 consisting of two [five] persons: one [engineer, one fireman, one]
1-23 conductor and one engineer; or
1-24 (3) any [two brakemen.]
2-1 [3. Any] light engine with less than [without] a full
2-2 train crew consisting of two [three] persons: one engineer[, one
2-3 fireman] and one conductor.
2-4 (c) This article does not prohibit a railroad company or a
2-5 receiver of a railroad company from operating a train or light
2-6 engine with a crew of persons greater than the number prescribed by
2-7 Subsection (b) of this article, except that the number of crew
2-8 persons in the cab of a locomotive may not exceed five.
2-9 (d) The control locomotive of a train described by
2-10 Subsection (b)(2) of this article shall be operated by an engineer
2-11 at any time the locomotive is in motion. A conductor on a train
2-12 described by Subsection (b)(2) of this article may dismount the
2-13 train to perform necessary job duties, including rail switching
2-14 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 regulation, or court decision.
2-18 (f) [4.] The provisions of this article shall not apply to
2-19 nor include any railroad company or receiver thereof, of any line
2-20 of railroad in this State, less than forty [twenty] miles in
2-21 length. Nothing[; and nothing] in Subsections (b)(1) and (2) of
2-22 this article [subdivisions one and two hereof] shall apply in case
2-23 of disability of one or more of any train crew while out on the
2-24 road between division terminals, or to switching crews in charge of
2-25 yard engines, or which may be required to push trains out of the
2-26 yard limits.
2-27 (g) Any such company or receiver which shall violate any
3-1 provision of this article shall be liable to this State for a
3-2 penalty of not less than one hundred nor more than one thousand
3-3 dollars for each offense. Suit for such penalty shall be brought
3-4 in Travis County or in any county in or through which such line of
3-5 railroad may run, by the Attorney General, or under his direction,
3-6 or by the county or district attorney in any county in or through
3-7 which such railroad may be operated. Such suits shall be subject
3-8 to the provisions of Article 6477.
3-9 SECTION 2. This Act takes effect September 1, 2001.