H.B. No. 1759
AN ACT
relating to the operation of vehicles and certain equipment at
railroad grade crossings when on-track equipment is approaching.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.001, Transportation Code, is amended
to read as follows:
Sec. 545.001. DEFINITIONS. In this chapter:
(1) "On-track equipment" means any car, rolling stock,
equipment, or other device that, alone or coupled to another
device, is operated on a railroad track.
(2) "Pass" or "passing" used in reference to a vehicle
means to overtake and proceed past another vehicle moving in the
same direction as the passing vehicle or to attempt that maneuver.
(3) [(2)] "School bus" includes a multifunction
school activity bus.
SECTION 2. The heading to Section 545.251, Transportation
Code, is amended to read as follows:
Sec. 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF
TRAIN OR OTHER ON-TRACK EQUIPMENT.
SECTION 3. Sections 545.251(a), (c), and (e),
Transportation Code, are amended to read as follows:
(a) An operator approaching a railroad grade crossing shall
stop not closer than 15 feet or farther than 50 feet from the
nearest rail if:
(1) a clearly visible railroad signal warns of the
approach of a railroad train or other on-track equipment;
(2) a crossing gate is lowered, or a flagger warns of
the approach or passage of a train or other on-track equipment;
(3) a railroad engine or other on-track equipment
approaching within approximately 1,500 feet of the highway crossing
emits a signal audible from that distance and the engine or other
equipment is an immediate hazard because of its speed or proximity
to the crossing;
(4) an approaching railroad train or other on-track
equipment is plainly visible to the operator and is in hazardous
proximity to the crossing; or
(5) the operator is required to stop by:
(A) other law;
(B) a rule adopted under a statute;
(C) an official traffic-control device; or
(D) a traffic-control signal.
(c) An operator of a vehicle who approaches a railroad grade
crossing equipped with railroad crossbuck signs without automatic,
electric, or mechanical signal devices, crossing gates, or a
flagger warning of the approach or passage of a train or other
on-track equipment shall yield the right-of-way to a train or other
on-track equipment in hazardous proximity to the crossing, and
proceed at a speed that is reasonable for the existing conditions.
If required for safety, the operator shall stop at a clearly marked
stop line before the grade crossing or, if no stop line exists, not
closer than 15 feet or farther than 50 feet from the nearest rail.
(e) In a prosecution under this section, proof that at the
time of the offense a train or other on-track equipment was in
hazardous proximity to the crossing and that the train or other
equipment was plainly visible to the operator is prima facie
evidence that it was not safe for the operator to proceed.
SECTION 4. Section 545.253(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (c), the operator of a
motor bus carrying passengers for hire, before crossing a railroad
grade crossing:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the nearest rail of the railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train or other
on-track equipment and signals indicating the approach of a train
or other on-track equipment; and
(3) may not proceed until it is safe to do so.
SECTION 5. Section 545.2535(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (c), the operator of a
school bus, before crossing a track at a railroad grade crossing:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the track;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train or other
on-track equipment and signals indicating the approach of a train
or other on-track equipment; and
(3) may not proceed until it is safe to do so.
SECTION 6. Sections 545.254(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) Before crossing a railroad grade crossing, an operator
of a vehicle that has an explosive substance or flammable liquid as
the vehicle's principal cargo and that is moving at a speed of more
than 20 miles per hour:
(1) shall reduce the speed of the vehicle to 20 miles
per hour or less before coming within 200 feet of the nearest rail
of the railroad;
(2) shall listen and look in both directions along the
track for an approaching train or other on-track equipment and for
signals indicating the approach of a train or other on-track
equipment; and
(3) may not proceed until the operator determines that
the course is clear.
(b) The operator of a vehicle that has an explosive
substance or flammable liquid as the vehicle's principal cargo,
before crossing a railroad grade crossing on a highway in a
municipality:
(1) shall stop the vehicle not closer than 15 feet or
farther than 50 feet from the nearest rail of the railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train or other
on-track equipment and for signals indicating the approach of a
train or other on-track equipment; and
(3) may not proceed until the operator determines that
the course is clear.
(c) Subsections (a) and (b) do not apply:
(1) if a police officer, crossing flagger, or
traffic-control signal directs traffic to proceed;
(2) where a railroad flashing signal is installed and
does not indicate an approaching train or other on-track equipment;
(3) to an abandoned or exempted grade crossing that is
clearly marked by or with the consent of the state, if the markings
can be read from the operator's location;
(4) at a streetcar crossing in a business or
residential district of a municipality; or
(5) to a railroad track used exclusively for
industrial switching purposes in a business district.
SECTION 7. Sections 545.255(c) and (d), Transportation
Code, are amended to read as follows:
(c) To move a vehicle or equipment on or across a track at a
railroad grade crossing, the operator:
(1) shall stop the vehicle or equipment not closer
than 15 feet or farther than 50 feet from the nearest rail of the
railroad;
(2) while stopped, shall listen and look in both
directions along the track for an approaching train or other
on-track equipment and for signals indicating the approach of a
train or other on-track equipment; and
(3) may not proceed until it is safe to cross the
track.
(d) An operator of a vehicle or equipment may not cross a
railroad grade crossing when warning of the immediate approach of a
railroad car, [or] train, or other on-track equipment is given by
automatic signal, crossing gates, a flagger, or otherwise. If a
flagger is provided by the railroad, the operator shall move the
vehicle or equipment over the crossing at the flagger's direction.
SECTION 8. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1759 was passed by the House on April
23, 2021, by the following vote: Yeas 145, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1759 was passed by the Senate on May
11, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor