80R4056 ACP-D
 
  By: King of Zavala H.B. No. 1184
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the offense of obstructing a railroad crossing with a
train.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 471.007(a), (b), and (c),
Transportation Code, are amended to read as follows:
       (a)  A railway company commits an offense if a train of the
railway company obstructs for more than five [10] minutes a street,
railroad crossing, or public highway.
       (b)  An offense under this section is a misdemeanor
punishable by a fine of:
             (1)  $1,000 if the obstruction lasts 10 minutes or
less; and
             (2)  an additional $1,000 for each five minute interval
that the obstruction continues beyond 10 minutes [not less than
$100 or more than $300].
        (c)  An officer charging a railway company for an offense
under this section shall prepare in duplicate a citation to appear
in court and attach one copy of the citation to the train or deliver
the copy to an employee or other agent of the railway company. The
citation must show:
             (1)  the name of the railway company;
             (2)  the offense charged; [and]
             (3)  the duration of the obstruction; and
             (4) [(3)]  the time and place that a representative of
the railway company is to appear in court.
       SECTION 2.  (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2007.
       (b)  An offense committed before September 1, 2007, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2007, if
any element of the offense was committed before that date.
       SECTION 3.  This Act takes effect September 1, 2007.