HBA-ATS, MPA H.B. 2922 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2922
By: Dunnam
Transportation
10/6/1999
Enrolled



BACKGROUND AND PURPOSE 

Numerous cities across the state experience problems with trains
obstructing crossings within their corporate boundaries.  In many small
towns the rail crossing may be the only way across the tracks for many
miles.  In addition to inconveniencing motorists, an obstructed crossing
may block the path of an emergency vehicle.  Prior to the 76th Legislature,
a railroad company would have been held blameless if an employee committed
an offense.  This was the case even though it may have been the policy of
the company to store railroad cars on the tracks.  H.B. 2922 allows a
railroad company to be held accountable and sets out the applicable fine
and procedures. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 471.007(a)-(d), Transportation Code, as follows:

(a) Provides that a railway company commits an offense if  it obstructs for
more than ten minutes a street, railroad crossing, or public highway.
Deletes text providing that an officer, agent, servant, or receiver of a
railway company commits an offense if the person willfully obstructs for
more than five minutes a railroad crossing or other public way. 

(b)  Provides that an offense under this section is punishable by a fine of
not less than $100, rather than  $5, or more than $300, rather than $100. 

(c) Requires an officer charging a railway company, rather than making an
arrest, to prepare in duplicate a citation to appear in court that must
show the name of the railway company, rather than the address of the
person, and the offense charged.  Makes a conforming change. 

(d) Provides that it is a defense to prosecution under this section that
the train obstructs the street, railroad crossing, or public highway
because of an act of God or breakdown of the train.  Deletes provisions
having to do with procedures for delivery of a citation under this section.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999. 

SECTION 4.  Emergency clause.