By:  Madla                                             S.B. No. 855
         2001S0576/1                            
                                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)  No railroad company or receiver
 1-7     of any railroad company doing business in this State shall run over
 1-8     its road, or part of its road, outside of the yard limits:
 1-9                 (1)  any [1.  Any] passenger train with less than a
1-10     full passenger crew consisting of four persons:  one engineer, one
1-11     fireman, one conductor, and one brakeman; [.]
1-12                 (2)  any [2.  Any] freight train, gravel train, mixed
1-13     train, work train, or construction train with less than a full crew
1-14     consisting of two [five] persons:  one railroad [engineer, one
1-15     fireman, one] conductor and one engineer; or
1-16                 (3)  any [two brakemen.  3.  Any] light engine with
1-17     less than [without] a full [train] crew consisting of two [three]
1-18     persons:  one engineer[, one fireman] and one conductor.
1-19           (b) [4.]  The provisions of this article shall not apply to a
1-20     designated service or repair track when that repair track is
1-21     protected by switch locks, blue flags, and derails and the movement
1-22     will not consist of occupying a main track [nor include any
1-23     railroad company or receiver thereof, of any line of railroad in
1-24     this State, less than twenty miles in length; and nothing in
1-25     subdivisions one and two hereof shall apply in case of disability
 2-1     of one or more of any train crew while out on the road between
 2-2     division terminals, or to switching crews in charge of yard
 2-3     engines, or which may be required to push trains out of the yard
 2-4     limits].
 2-5           (c)  The control locomotive of a train described under
 2-6     Subsection (a)(2) of this article shall be operated by an engineer
 2-7     at any time the locomotive is in motion.  A railroad conductor on a
 2-8     train described under Subsection (a)(2) of this article may
 2-9     dismount the train to perform necessary job duties, including rail
2-10     switching activities.
2-11           (d)  Nothing in this article shall prevent railroads from
2-12     operating with crews consisting of more than two persons.
2-13           (e)  This article applies to all trains operated in this
2-14     State to the extent that it does not violate federal law.
2-15           (f)  Any such company or receiver which shall violate any
2-16     provision of this article shall be liable to this State for a
2-17     penalty of not less than one hundred nor more than one thousand
2-18     dollars for each offense.  Suit for such penalty shall be brought
2-19     in Travis County or in any county in or through which such line of
2-20     railroad may run, by the Attorney General, or under his direction,
2-21     or by the county or district attorney in any county in or through
2-22     which such railroad may be operated.  Such suits shall be subject
2-23     to the provisions of Article 6477.
2-24           SECTION 2.  This Act takes effect September 1, 2001.