89R13389 RDR-D
By: King H.B. No. 4207
A BILL TO BE ENTITLED
AN ACT
relating to obstructing a railroad crossing and the liability of a
railway company for such an obstruction; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 471, Transportation Code, is amended by
adding Section 471.007 to read as follows:
Sec. 471.007. OBSTRUCTING RAILROAD CROSSINGS AND RELATED
LIABILITY; CIVIL PENALTY. (a) Except as otherwise provided by this
section, a train of a railway company may not obstruct a street,
railroad crossing, or public highway for a period of 30 minutes or
more.
(b) A railway company that violates Subsection (a) is liable
for a civil penalty not to exceed $10,000 for each hour that the
violation continues.
(c) It is a defense to liability for a violation under this
section that the train obstructs the street, railroad crossing, or
public highway because of an act of God or a breakdown of the train.
(d) The county in which the violation occurs shall issue a
written notice of violation to the railway company. The
appropriate district or county attorney may bring an action on
behalf of this state to collect a civil penalty under this section.
(e) The district or county attorney shall deposit a civil
penalty in the state treasury to the credit of the general revenue
fund.
(f) A railway company that violates this section is liable
to an individual who is harmed by a delay of emergency services
caused by the violation. A court shall award a claimant who
prevails in an action brought under this subsection:
(1) actual damages; and
(2) court costs and reasonable attorney's fees
incurred in bringing the action.
SECTION 2. Section 471.007(f), Transportation Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.