78R1801 JTS-F

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 owned by the railway company where 
a railroad crosses a first or second class public road in this 
state.  The list must specify:
		(1)  the name of the railway company;                                  
		(2)  the location of each crossing;                                    
		(3)  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;
		(4)  any crossing number assigned to a crossing by the 
Federal Railroad Administration;
		(5)  if the tracks at a crossing are owned by more than 
one railway company:
			(A)  the name of the railway company responsible 
for repairing that grade crossing or a warning device at that 
crossing; and
			(B)  the name of the railway company responsible 
for maintaining the telephone number required by Subdivision (3); 
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 fifth day after the 
date that:
		(1)  the railway company acquires ownership of tracks 
on which a railroad crosses a first or second class public road in 
this state;
		(2)  the railway company opens for vehicular traffic a 
new crossing that crosses a first or second class public road in 
this state;
		(3)  any of the information required by Subsection (a) 
changes; or   
		(4)  the railway company sells or otherwise transfers 
tracks that cross a first or second class public road in this state.
	(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)(3) 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 $2,000 for 
each violation. Each day a violation occurs or continues is a 
separate violation under this subsection.  Enforcement of this 
section may be initiated by:
		(1)  the department;                                                   
		(2)  the Department of Public Safety; or                               
		(3)  the Railroad Commission of Texas.                                 
	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 October 1, 2003.