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


Senate Research CenterC.S.S.B. 344
By: Ogden
Infrastructure Development and Security
4/29/2003
Committee Report (Substituted)

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.  C.S.S.B. 344 requires a railway
company to provide DPS with a list of its railroad crossings by January 1,
2004, and to inform DPS of any changes within a certain timeframe. This
bill also establishes an administrative penalty for a violation and
exempts the state, an agency or political subdivision of the state, and
railway company from liability for damages caused by an action taken or
failure to perform a required duty under this Act. 

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 railroad crossings for which the
railway company has the responsibility of maintaining a mechanical safety
device, including a signal or crossbar, placed at an intersection of a
railroad track and  a public road. Requires the list to include certain
information. 

(b) Requires railway companies to supplement the information required in
Subsection (a) not later than the 15th day after certain changes occur
regarding the company's railroad crossings of a public road. 

(c) Requires railway companies to inform TxDOT not later than 24 hours
with a change in the telephone number required under Subsection (a)(4). 

(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 $1,000 per violation.  Authorizes
the Department of Public Safety to initiate enforcement of this section. 

(f) Provides that the state, an agency or political subdivision of the
state, or railway company is not liable for damages caused by an action
taken under this section or failure to perform a duty imposed by 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 January 1, 2004.