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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of obstructing a railroad crossing with a |
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train. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 471.007(a), (b), and (c), |
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Transportation Code, are amended to read as follows: |
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(a) A railway company commits an offense if a train of the |
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railway company obstructs for more than five [10] minutes a street, |
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railroad crossing, or public highway. |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of: |
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(1) $1,000 if the obstruction lasts 10 minutes or |
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less; and |
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(2) an additional $1,000 for each five minute interval |
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that the obstruction continues beyond 10 minutes [not less than
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$100 or more than $300]. |
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(c) An officer charging a railway company for an offense |
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under this section shall prepare in duplicate a citation to appear |
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in court and attach one copy of the citation to the train or deliver |
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the copy to an employee or other agent of the railway company. The |
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citation must show: |
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(1) the name of the railway company; |
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(2) the offense charged; [and] |
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(3) the duration of the obstruction; and |
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(4) [(3)] the time and place that a representative of |
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the railway company is to appear in court. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2007. |
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(b) An offense committed before September 1, 2007, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before September 1, 2007, if |
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any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |