By:  Ogden                                                        S.B. No. 344


A BILL TO BE ENTITLED

AN ACT

relating to the required reporting to the Texas Department of 
Transportation of information regarding railroad crossings; 
imposing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 471, Transportation Code, is amended by 
adding Sections 471.009 and 471.010 to read as follows:
	Sec. 471.009.  REPORTING OF RAILROAD CROSSING INFORMATION TO 
DEPARTMENT.  (a)  A railway company shall provide to the department 
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.  The list must specify:
		(1)  the name of the railway company that owns the 
railroad crossing;
		(2)  the name of the railway company that is 
responsible for maintaining the safety device at the railroad 
crossing;
		(3)  the location of each crossing;                                    
		(4)  a telephone number that is maintained by the 
railway company to receive a report of a malfunction of any safety 
device placed at each crossing and that is available 24 hours each 
day;
		(5)  the crossing number assigned to a crossing by the 
Federal Railroad Administration; and
		(6)  any additional information required by the 
department.          
	(b)  A railway company shall supplement the information 
required by Subsection (a) not later than the 15th day after the 
date that:
		(1)  the railway company acquires maintenance 
obligation of the safety device at an intersection of a railroad 
track and a public road; or
		(2)  any of the information required by Subsection (a) 
changes.      
	(c)  A railway company must notify the department not later 
than 24 hours after the time that the telephone number specified by 
the company under Subsection (a)(4) is changed and specify the new 
telephone number.
	(d)  The department shall as soon as practicable provide 
information it receives under this section to:
		(1)  the Department of Public Safety Railroad 
Malfunctions Operation Center; and
		(2)  the Railroad Commission of Texas.                                 
	(e)  A railway company that does not comply with this section 
is subject to an administrative penalty in an amount of $1,000 for 
each violation.  Enforcement of this section may be initiated by the 
Department of Public Safety.
	(f)  The state, an agency or political subdivision of the 
state, or a 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.  In this 
chapter, "railway company" includes an entity that operates a light 
rail system.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  A railway company required to provide information to the 
Texas Department of Transportation under Section 471.009, 
Transportation Code, as added by this Act, shall deliver the 
information to that department not later than January 1, 2004.