Texas 2021 - 87th Regular

Texas House Bill HB1759 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1759
	1	+	By: Krause (Senate Sponsor - Hancock) H.B. No. 1759
	2	+	(In the Senate - Received from the House April 26, 2021;
	3	+	May 3, 2021, read first time and referred to Committee on
	4	+	Transportation; May 5, 2021, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 5, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the operation of vehicles and certain equipment at
6	12		railroad grade crossings when on-track equipment is approaching.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 545.001, Transportation Code, is amended
9	15		to read as follows:
10	16		Sec. 545.001. DEFINITIONS. In this chapter:
11	17		(1) "On-track equipment" means any car, rolling stock,
12	18		equipment, or other device that, alone or coupled to another
13	19		device, is operated on a railroad track.
14	20		(2) "Pass" or "passing" used in reference to a vehicle
15	21		means to overtake and proceed past another vehicle moving in the
16	22		same direction as the passing vehicle or to attempt that maneuver.
17	23		(3) [(2)] "School bus" includes a multifunction
18	24		school activity bus.
19	25		SECTION 2. The heading to Section 545.251, Transportation
20	26		Code, is amended to read as follows:
21	27		Sec. 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF
22	28		TRAIN OR OTHER ON-TRACK EQUIPMENT.
23	29		SECTION 3. Sections 545.251(a), (c), and (e),
24	30		Transportation Code, are amended to read as follows:
25	31		(a) An operator approaching a railroad grade crossing shall
26	32		stop not closer than 15 feet or farther than 50 feet from the
27	33		nearest rail if:
28	34		(1) a clearly visible railroad signal warns of the
29	35		approach of a railroad train or other on-track equipment;
30	36		(2) a crossing gate is lowered, or a flagger warns of
31	37		the approach or passage of a train or other on-track equipment;
32	38		(3) a railroad engine or other on-track equipment
33	39		approaching within approximately 1,500 feet of the highway crossing
34	40		emits a signal audible from that distance and the engine or other
35	41		equipment is an immediate hazard because of its speed or proximity
36	42		to the crossing;
37	43		(4) an approaching railroad train or other on-track
38	44		equipment is plainly visible to the operator and is in hazardous
39	45		proximity to the crossing; or
40	46		(5) the operator is required to stop by:
41	47		(A) other law;
42	48		(B) a rule adopted under a statute;
43	49		(C) an official traffic-control device; or
44	50		(D) a traffic-control signal.
45	51		(c) An operator of a vehicle who approaches a railroad grade
46	52		crossing equipped with railroad crossbuck signs without automatic,
47	53		electric, or mechanical signal devices, crossing gates, or a
48	54		flagger warning of the approach or passage of a train or other
49	55		on-track equipment shall yield the right-of-way to a train or other
50	56		on-track equipment in hazardous proximity to the crossing, and
51	57		proceed at a speed that is reasonable for the existing conditions.
52	58		If required for safety, the operator shall stop at a clearly marked
53	59		stop line before the grade crossing or, if no stop line exists, not
54	60		closer than 15 feet or farther than 50 feet from the nearest rail.
55	61		(e) In a prosecution under this section, proof that at the
56	62		time of the offense a train or other on-track equipment was in
57	63		hazardous proximity to the crossing and that the train or other
58	64		equipment was plainly visible to the operator is prima facie
59	65		evidence that it was not safe for the operator to proceed.
60	66		SECTION 4. Section 545.253(a), Transportation Code, is
61	67		amended to read as follows:
62	68		(a) Except as provided by Subsection (c), the operator of a
63	69		motor bus carrying passengers for hire, before crossing a railroad
64	70		grade crossing:
65	71		(1) shall stop the vehicle not closer than 15 feet or
66	72		farther than 50 feet from the nearest rail of the railroad;
67	73		(2) while stopped, shall listen and look in both
68	74		directions along the track for an approaching train or other
69	75		on-track equipment and signals indicating the approach of a train
70	76		or other on-track equipment; and
71	77		(3) may not proceed until it is safe to do so.
72	78		SECTION 5. Section 545.2535(a), Transportation Code, is
73	79		amended to read as follows:
74	80		(a) Except as provided by Subsection (c), the operator of a
75	81		school bus, before crossing a track at a railroad grade crossing:
76	82		(1) shall stop the vehicle not closer than 15 feet or
77	83		farther than 50 feet from the track;
78	84		(2) while stopped, shall listen and look in both
79	85		directions along the track for an approaching train or other
80	86		on-track equipment and signals indicating the approach of a train
81	87		or other on-track equipment; and
82	88		(3) may not proceed until it is safe to do so.
83	89		SECTION 6. Sections 545.254(a), (b), and (c),
84	90		Transportation Code, are amended to read as follows:
85	91		(a) Before crossing a railroad grade crossing, an operator
86	92		of a vehicle that has an explosive substance or flammable liquid as
87	93		the vehicle's principal cargo and that is moving at a speed of more
88	94		than 20 miles per hour:
89	95		(1) shall reduce the speed of the vehicle to 20 miles
90	96		per hour or less before coming within 200 feet of the nearest rail
91	97		of the railroad;
92	98		(2) shall listen and look in both directions along the
93	99		track for an approaching train or other on-track equipment and for
94	100		signals indicating the approach of a train or other on-track
95	101		equipment; and
96	102		(3) may not proceed until the operator determines that
97	103		the course is clear.
98	104		(b) The operator of a vehicle that has an explosive
99	105		substance or flammable liquid as the vehicle's principal cargo,
100	106		before crossing a railroad grade crossing on a highway in a
101	107		municipality:
102	108		(1) shall stop the vehicle not closer than 15 feet or
103	109		farther than 50 feet from the nearest rail of the railroad;
104	110		(2) while stopped, shall listen and look in both
105	111		directions along the track for an approaching train or other
106	112		on-track equipment and for signals indicating the approach of a
107	113		train or other on-track equipment; and
108	114		(3) may not proceed until the operator determines that
109	115		the course is clear.
110	116		(c) Subsections (a) and (b) do not apply:
111	117		(1) if a police officer, crossing flagger, or
112	118		traffic-control signal directs traffic to proceed;
113	119		(2) where a railroad flashing signal is installed and
114	120		does not indicate an approaching train or other on-track equipment;
115	121		(3) to an abandoned or exempted grade crossing that is
116	122		clearly marked by or with the consent of the state, if the markings
117	123		can be read from the operator's location;
118	124		(4) at a streetcar crossing in a business or
119	125		residential district of a municipality; or
120	126		(5) to a railroad track used exclusively for
121	127		industrial switching purposes in a business district.
122	128		SECTION 7. Sections 545.255(c) and (d), Transportation
123	129		Code, are amended to read as follows:
124	130		(c) To move a vehicle or equipment on or across a track at a
125	131		railroad grade crossing, the operator:
126	132		(1) shall stop the vehicle or equipment not closer
127	133		than 15 feet or farther than 50 feet from the nearest rail of the
128	134		railroad;
129	135		(2) while stopped, shall listen and look in both
130	136		directions along the track for an approaching train or other
131	137		on-track equipment and for signals indicating the approach of a
132	138		train or other on-track equipment; and
133	139		(3) may not proceed until it is safe to cross the
134	140		track.
135	141		(d) An operator of a vehicle or equipment may not cross a
136	142		railroad grade crossing when warning of the immediate approach of a
137	143		railroad car, [or] train, or other on-track equipment is given by
138	144		automatic signal, crossing gates, a flagger, or otherwise. If a
139	145		flagger is provided by the railroad, the operator shall move the
140	146		vehicle or equipment over the crossing at the flagger's direction.
141	147		SECTION 8. This Act takes effect September 1, 2021.
142		-	______________________________ ______________________________
143		-	President of the Senate Speaker of the House
144		-	I certify that H.B. No. 1759 was passed by the House on April
145		-	23, 2021, by the following vote: Yeas 145, Nays 1, 2 present, not
146		-	voting.
147		-	______________________________
148		-	Chief Clerk of the House
149		-	I certify that H.B. No. 1759 was passed by the Senate on May
150		-	11, 2021, by the following vote: Yeas 30, Nays 0.
151		-	______________________________
152		-	Secretary of the Senate
153		-	APPROVED: _____________________
154		-	Date
155		-	_____________________
156		-	Governor
	148	+	* * * * *