| 1 | 1 | | 84R13846 JTS-F |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 3745 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to railroad crew requirements; providing a civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 112, Transportation Code, |
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| 10 | 10 | | is amended by adding Section 112.104 to read as follows: |
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| 11 | 11 | | Sec. 112.104. FULL CREW. (a) In this section, "road" does |
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| 12 | 12 | | not include a designated service or repair track where the service |
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| 13 | 13 | | or repair track is: |
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| 14 | 14 | | (1) protected by: |
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| 15 | 15 | | (A) switch locks; |
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| 16 | 16 | | (B) blue flags; and |
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| 17 | 17 | | (C) derails; and |
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| 18 | 18 | | (2) not a main track. |
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| 19 | 19 | | (b) A railroad company or receiver of a railroad company may |
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| 20 | 20 | | not run over its road, or part of its road, outside of the yard |
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| 21 | 21 | | limits: |
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| 22 | 22 | | (1) a freight train, gravel train, mixed train, work |
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| 23 | 23 | | train, or construction train with less than a full train crew |
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| 24 | 24 | | consisting of one conductor and one engineer; or |
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| 25 | 25 | | (2) any light engine with less than a full train crew |
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| 26 | 26 | | consisting of one engineer and one conductor. |
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| 27 | 27 | | (c) This section does not prohibit a railroad company or |
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| 28 | 28 | | receiver from operating a train or light engine with a crew larger |
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| 29 | 29 | | than that prescribed by Subsection (b), except that the number of |
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| 30 | 30 | | crew persons in the cab of a locomotive may not exceed five. |
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| 31 | 31 | | (d) The control locomotive of a train described by |
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| 32 | 32 | | Subsection (b)(1) shall be operated by an engineer at any time the |
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| 33 | 33 | | locomotive is in motion. A conductor on a train described by |
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| 34 | 34 | | Subsection (b)(1) may dismount the train to perform necessary job |
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| 35 | 35 | | duties, including rail switching activities. |
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| 36 | 36 | | (e) This section applies to all trains operated in this |
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| 37 | 37 | | state to the extent that it does not conflict with federal law or |
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| 38 | 38 | | regulation or a court decision. |
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| 39 | 39 | | (f) This section does not apply to or include any railroad |
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| 40 | 40 | | company or receiver of any line of railroad in this state shorter |
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| 41 | 41 | | than 40 miles in length. |
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| 42 | 42 | | (g) Subsection (b)(1) does not apply in case of disability |
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| 43 | 43 | | of one or more members of: |
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| 44 | 44 | | (1) a train crew while out on the road between division |
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| 45 | 45 | | terminals; |
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| 46 | 46 | | (2) a switching crew in charge of yard engines; or |
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| 47 | 47 | | (3) a crew required to push trains out of the yard |
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| 48 | 48 | | limits. |
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| 49 | 49 | | (h) A railroad company or receiver that violates this |
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| 50 | 50 | | section is liable to the state for a penalty of not less than $100 or |
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| 51 | 51 | | more than $1,000 for each offense. Suit for the penalty may be |
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| 52 | 52 | | brought in Travis County or in any county in or through which the |
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| 53 | 53 | | line of railroad runs, by: |
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| 54 | 54 | | (1) the attorney general or under the attorney |
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| 55 | 55 | | general's direction; or |
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| 56 | 56 | | (2) the county or district attorney in any county in or |
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| 57 | 57 | | through which the railroad is operated. |
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| 58 | 58 | | (i) A suit under Subsection (h) is subject to the provisions |
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| 59 | 59 | | of Section 111.058. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2015. |
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