| 1 | 1 | | 85R1589 JTS-F |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 977 |
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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 size requirements; imposing a civil |
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| 8 | 8 | | penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 112, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 112.104 to read as follows: |
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| 12 | 12 | | Sec. 112.104. MINIMUM CREW REQUIREMENTS. (a) A railroad |
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| 13 | 13 | | company may not operate in connection with the movement of freight a |
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| 14 | 14 | | train or light engine with fewer than two crew members. For the |
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| 15 | 15 | | purposes of this subsection, a railroad utility employee is not |
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| 16 | 16 | | considered a crew member. |
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| 17 | 17 | | (b) Subsection (a) does not apply to the operation of a |
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| 18 | 18 | | train or light engine for hostler service. |
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| 19 | 19 | | (c) A railroad company that violates this section is liable |
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| 20 | 20 | | to the state for a penalty of: |
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| 21 | 21 | | (1) not less than $250 or more than $1,000 for a first |
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| 22 | 22 | | violation; |
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| 23 | 23 | | (2) not less than $1,000 or more than $5,000 for a |
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| 24 | 24 | | second violation in a period of three years or less; or |
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| 25 | 25 | | (3) not less than $5,000 or more than $10,000 for a |
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| 26 | 26 | | third or subsequent violation in a period of three years or less. |
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| 27 | 27 | | (d) Suit for a penalty under Subsection (c) may be brought: |
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| 28 | 28 | | (1) in: |
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| 29 | 29 | | (A) Travis County; or |
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| 30 | 30 | | (B) any county in or through which the railroad |
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| 31 | 31 | | is operated; and |
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| 32 | 32 | | (2) by the attorney general or under the attorney |
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| 33 | 33 | | general's direction or by the county or district attorney in any |
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| 34 | 34 | | county in or through which the railroad is operated. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2017. |
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