BILL ANALYSIS

H.B. 4207

By: King

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that obstructed railroad crossings have been an issue in Texas, with long freight trains often stopping for extended periods that cause traffic congestion and delay emergency services, and that crossings in both urban and rural areas have been obstructed for over an hour, cutting off access to hospitals, fire stations, and schools. State laws attempting to regulate train stoppages have been difficult to enforce and sometimes challenged by federal railroad regulations. H.B. 4207 seeks to prevent extended obstructions by prohibiting trains from obstructing a street, railroad crossing, or public highway for more than 30 minutes, except in cases of emergencies or breakdowns.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4207 amends the Transportation Code to prohibit a train of a railway company from obstructing a street, railroad crossing, or public highway for a period of 30 minutes or more. The bill makes a railway company that violates the prohibition liable for a civil penalty not to exceed $10,000 for each hour that the violation continues. The bill establishes that it is a defense to liability for such a violation that the train obstructs the street, railroad crossing, or public highway because of an act of God or a breakdown of the train. The bill requires a county in which such a violation occurs to issue a written notice of violation to the railway company. The bill authorizes an appropriate district or county attorney to bring an action on behalf of the state to collect the civil penalty and requires the district or attorney to deposit the civil penalty in the state treasury to the credit of the general revenue fund.

H.B. 4207 makes a railway company that violates the bill's provisions liable to an individual who is harmed by a delay of emergency services caused by the violation. The bill requires a court to award a claimant who prevails in an action brought under this provision actual damages and court costs and reasonable attorney's fees incurred in bringing the action.

H.B. 4207 applies only to a cause of action that accrues on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.