By Alexander                                          H.B. No. 2606
         77R8920 MTB-F                           
                                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.
 2-8           (d)  The control locomotive of a train described by
 2-9     Subsection (b)(2) of this article shall be operated by an engineer
2-10     at any time the locomotive is in motion.  A conductor on a train
2-11     described by Subsection (b)(2) of this article may dismount the
2-12     train to perform necessary job duties, including rail switching
2-13     activities.
2-14           (e)  This article applies to all trains operated in this
2-15     State to the extent that it does not conflict with federal law.
2-16           (f) [4.  The provisions of this article shall not apply to
2-17     nor include any railroad company or receiver thereof, of any line
2-18     of railroad in this State, less than twenty miles in length; and
2-19     nothing in subdivisions one and two hereof shall apply in case of
2-20     disability of one or more of any train crew while out on the road
2-21     between division terminals, or to switching crews in charge of yard
2-22     engines, or which may be required to push trains out of the yard
2-23     limits.]
2-24           Any such company or receiver which shall violate any
2-25     provision of this article shall be liable to this State for a
2-26     penalty of not less  than one hundred nor more than one thousand
2-27     dollars for each offense.  Suit for such penalty shall be brought
 3-1     in Travis County or in any county in or through which such line of
 3-2     railroad may run, by the Attorney General, or under his direction,
 3-3     or by the county or district attorney in any county in or through
 3-4     which such railroad may be operated.  Such suits shall be subject
 3-5     to the provisions of Article 6477.
 3-6           SECTION 2.  This Act takes effect September 1, 2001.