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A BILL TO BE ENTITLED
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AN ACT
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relating to obstructing a railroad crossing and the liability of a |
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railway company for such an obstruction; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 471, Transportation Code, is amended by |
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adding Section 471.007 to read as follows: |
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Sec. 471.007. OBSTRUCTING RAILROAD CROSSINGS AND RELATED |
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LIABILITY; CIVIL PENALTY. (a) Except as otherwise provided by this |
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section, a train of a railway company may not obstruct a street, |
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railroad crossing, or public highway for a period of 30 minutes or |
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more. |
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(b) A railway company that violates Subsection (a) is liable |
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for a civil penalty not to exceed $10,000 for each hour that the |
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violation continues. |
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(c) It is a defense to liability for a violation under this |
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section that the train obstructs the street, railroad crossing, or |
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public highway because of an act of God or a breakdown of the train. |
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(d) The county in which the violation occurs shall issue a |
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written notice of violation to the railway company. The |
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appropriate district or county attorney may bring an action on |
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behalf of this state to collect a civil penalty under this section. |
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(e) The district or county attorney shall deposit a civil |
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penalty in the state treasury to the credit of the general revenue |
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fund. |
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(f) A railway company that violates this section is liable |
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to an individual who is harmed by a delay of emergency services |
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caused by the violation. A court shall award a claimant who |
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prevails in an action brought under this subsection: |
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(1) actual damages; and |
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(2) court costs and reasonable attorney's fees |
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incurred in bringing the action. |
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SECTION 2. Section 471.007(f), Transportation Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |