84R13846 JTS-F
By: Davis of Dallas H.B. No. 3745
A BILL TO BE ENTITLED
AN ACT
relating to railroad crew requirements; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 112, Transportation Code,
is amended by adding Section 112.104 to read as follows:
Sec. 112.104. FULL CREW. (a) In this section, "road" does
not include a designated service or repair track where the service
or repair track is:
(1) protected by:
(A) switch locks;
(B) blue flags; and
(C) derails; and
(2) not a main track.
(b) A railroad company or receiver of a railroad company may
not run over its road, or part of its road, outside of the yard
limits:
(1) a freight train, gravel train, mixed train, work
train, or construction train with less than a full train crew
consisting of one conductor and one engineer; or
(2) any light engine with less than a full train crew
consisting of one engineer and one conductor.
(c) This section does not prohibit a railroad company or
receiver from operating a train or light engine with a crew larger
than that prescribed by Subsection (b), except that the number of
crew persons in the cab of a locomotive may not exceed five.
(d) The control locomotive of a train described by
Subsection (b)(1) shall be operated by an engineer at any time the
locomotive is in motion. A conductor on a train described by
Subsection (b)(1) may dismount the train to perform necessary job
duties, including rail switching activities.
(e) This section applies to all trains operated in this
state to the extent that it does not conflict with federal law or
regulation or a court decision.
(f) This section does not apply to or include any railroad
company or receiver of any line of railroad in this state shorter
than 40 miles in length.
(g) Subsection (b)(1) does not apply in case of disability
of one or more members of:
(1) a train crew while out on the road between division
terminals;
(2) a switching crew in charge of yard engines; or
(3) a crew required to push trains out of the yard
limits.
(h) A railroad company or receiver that violates this
section is liable to the state for a penalty of not less than $100 or
more than $1,000 for each offense. Suit for the penalty may be
brought in Travis County or in any county in or through which the
line of railroad runs, by:
(1) the attorney general or under the attorney
general's direction; or
(2) the county or district attorney in any county in or
through which the railroad is operated.
(i) A suit under Subsection (h) is subject to the provisions
of Section 111.058.
SECTION 2. This Act takes effect September 1, 2015.