| 1 | 1 | | 87R4915 JTS-F |
|---|
| 2 | 2 | | By: Davis H.B. No. 1596 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to railroad crew size requirements; imposing a civil |
|---|
| 8 | 8 | | penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 112, Transportation Code, |
|---|
| 11 | 11 | | is amended by adding Section 112.104 to read as follows: |
|---|
| 12 | 12 | | Sec. 112.104. MINIMUM CREW REQUIREMENTS. (a) A railroad |
|---|
| 13 | 13 | | company may not operate in connection with the movement of freight a |
|---|
| 14 | 14 | | train or light engine with fewer than two crew members. For the |
|---|
| 15 | 15 | | purposes of this subsection, a railroad utility employee is not |
|---|
| 16 | 16 | | considered a crew member. |
|---|
| 17 | 17 | | (b) Subsection (a) does not apply to the operation of a |
|---|
| 18 | 18 | | train or light engine for hostler service. |
|---|
| 19 | 19 | | (c) A railroad company that violates this section is liable |
|---|
| 20 | 20 | | to the state for a civil penalty of: |
|---|
| 21 | 21 | | (1) not less than $250 or more than $1,000 for a first |
|---|
| 22 | 22 | | violation; |
|---|
| 23 | 23 | | (2) not less than $1,000 or more than $5,000 for a |
|---|
| 24 | 24 | | second violation in a period of three years or less; or |
|---|
| 25 | 25 | | (3) not less than $5,000 or more than $10,000 for a |
|---|
| 26 | 26 | | third or subsequent violation in a period of three years or less. |
|---|
| 27 | 27 | | (d) Suit for a civil penalty under Subsection (c) may be |
|---|
| 28 | 28 | | brought in Travis County or in any county in or through which the |
|---|
| 29 | 29 | | railroad is operated, by: |
|---|
| 30 | 30 | | (1) the attorney general or an attorney acting under |
|---|
| 31 | 31 | | the direction of the attorney general; or |
|---|
| 32 | 32 | | (2) the county or district attorney in any county in or |
|---|
| 33 | 33 | | through which the railroad is operated. |
|---|
| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 38 | 38 | | Act takes effect September 1, 2021. |
|---|