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A BILL TO BE ENTITLED
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AN ACT
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relating to railroad crew size requirements; imposing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 112, Transportation Code, |
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is amended by adding Section 112.104 to read as follows: |
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Sec. 112.104. MINIMUM CREW REQUIREMENTS. (a) A railroad |
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company may not operate in connection with the movement of freight a |
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train or light engine with fewer than two crew members. For the |
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purposes of this subsection, a railroad utility employee is not |
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considered a crew member. |
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(b) Subsection (a) does not apply to the operation of a |
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train or light engine for hostler service. |
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(c) A railroad company that violates this section is liable |
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to the state for a civil penalty of: |
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(1) not less than $250 or more than $1,000 for a first |
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violation; |
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(2) not less than $1,000 or more than $5,000 for a |
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second violation in a period of three years or less; or |
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(3) not less than $5,000 or more than $10,000 for a |
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third or subsequent violation in a period of three years or less. |
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(d) Suit for a civil penalty under Subsection (c) may be |
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brought in Travis County or in any county in or through which the |
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railroad is operated, by: |
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(1) the attorney general or an attorney acting under |
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the direction of the attorney general; or |
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(2) the county or district attorney in any county in or |
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through which the railroad is operated. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |