SRC-AMY S.B. 344 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 344
78R1801 JTS-FBy: Ogden
Infrastructure Development and Security
4/3/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Department of Public Safety (DPS) maintains a
statewide toll-free telephone service through which citizens report
malfunctioning railroad crossing signals.  Railroad companies are not
required to inform DPS when they trade or sell crossings, causing
difficulty for DPS operators charged with contacting the companies to
report malfunctioning crossing signals.  As proposed, S.B. 344 requires a
railroad company to provide DPS with a list of its railroad crossings by
October 1, 2003, and to inform DPS of any changes within a certain
timeframe.  This bill also establishes an administrative penalty for a
violation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 471, Transportation Code, by adding Sections
471.009 and 471.010, as follows: 

Sec. 471.009. REPORTING OF RAILROAD CROSSING INFORMATION TO DEPARTMENT.
(a) Requires a railway company to provide to the Texas Department of
Transportation (TxDOT) a list of all that company's railroad crossings
that cross a first or second class public road in this state. Requires the
list to include certain information. 

(b) Requires railway companies to supplement the information required in
Subsection (a) not later than the fifth day after certain changes occur
regarding the company's railroad crossings of first or second class public
roads. 

(c) Requires railway companies to inform TxDOT not later than 24 hours
with a change in the telephone number required under Subsection (a)(3). 

(d) Requires TxDOT to provide the information received under this section
to certain governmental entities a soon as practicable. 

 (e)  Provides that a railway company in violation of this section is
subject to an administrative penalty of $2,000 per violation. Specifies
that each day a violation occurs is a separate violation. Authorizes
certain governmental entities to initiate enforcement of this section. 

Sec. 471.010. APPLICABILITY TO LIGHT RAIL. Redefines "railway company."

SECTION 2. (a)  Effective date: September 1, 2003.

(b) Requires railway companies to provide the information required under
Section 471.009, Transportation Code, as added by this Act, to TxDOT not
later than October 1, 2003.