80R10794 MTB-D
 
  By: Hughes H.B. No. 1757
 
Substitute the following for H.B. No. 1757:
 
  By:  Macias C.S.H.B. No. 1757
 
A BILL TO BE ENTITLED
AN ACT
relating to the obstruction of emergency vehicles at railroad
crossings.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 471.007(a) and (c), Transportation
Code, are amended to read as follows:
       (a)  A railway company commits an offense if:
             (1)  a train of the railway company obstructs for more
than 10 minutes a street, railroad crossing, or public highway; and
             (2)  as a result, an authorized emergency vehicle, as
defined by Section 541.201, is prevented from taking the most
direct route to an emergency.
       (c)  An officer charging a railway company for an offense
under this section shall prepare in duplicate a citation to appear
in court and deliver [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 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 the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
       (b)  An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.