BILL ANALYSIS Senate Research Center S.B. 2129 89R6247 RDR-D By: Johnson Transportation 4/3/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT With Texas having the highest level of railroad crossing accidents in the entire nation, the dangers to drivers and rail crew is more evident than ever. S.B. 2129 aims to address this problem by increasing the penalty associated with crossing a track when a flagger is present and is warning drivers of an incoming train. In the status quo, the fine associated with disregarding a flagger's signal and crossing the tracks is between $50 and $200. S.B. 2129 aims to further deter drivers by increasing the penalty to between $100 and $400. Additionally, this deterrence will protect flaggers stationed at crossings who are at risk when cars attempt to drive around them. Key Provisions: S.B. 2129 would increase the fine associated with disregarding a flagger's signal to not cross railroad tracks. S.B. 2129 would protect flaggers and reduce the number of accidents that occur on railway crossings. As proposed, S.B. 2129 amends current law relating to the operation of vehicles at railroad grade crossings and increases a criminal penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 545.251(f), Transportation Code, to provide that an offense under Section 545.251 (Obedience to Signal Indicating Approach of Train or Other On-Track Equipment) is punishable by a fine of not less than $50 or more than $200, except that the offense is punishable by a fine of not less than $100 or more than $400 if it is shown on the trial of the offense that the operator disregarded a warning given by a flagger under Subsection (a)(2) (relating to requiring an operator to stop at a certain distance if a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2129
89R6247 RDR-D By: Johnson
Transportation
4/3/2025
As Filed
Senate Research Center
S.B. 2129
89R6247 RDR-D
By: Johnson
Transportation
4/3/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
With Texas having the highest level of railroad crossing accidents in the entire nation, the dangers to drivers and rail crew is more evident than ever. S.B. 2129 aims to address this problem by increasing the penalty associated with crossing a track when a flagger is present and is warning drivers of an incoming train. In the status quo, the fine associated with disregarding a flagger's signal and crossing the tracks is between $50 and $200. S.B. 2129 aims to further deter drivers by increasing the penalty to between $100 and $400. Additionally, this deterrence will protect flaggers stationed at crossings who are at risk when cars attempt to drive around them.
Key Provisions:
S.B. 2129 would increase the fine associated with disregarding a flagger's signal to not cross railroad tracks.
S.B. 2129 would protect flaggers and reduce the number of accidents that occur on railway crossings.
As proposed, S.B. 2129 amends current law relating to the operation of vehicles at railroad grade crossings and increases a criminal penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 545.251(f), Transportation Code, to provide that an offense under Section 545.251 (Obedience to Signal Indicating Approach of Train or Other On-Track Equipment) is punishable by a fine of not less than $50 or more than $200, except that the offense is punishable by a fine of not less than $100 or more than $400 if it is shown on the trial of the offense that the operator disregarded a warning given by a flagger under Subsection (a)(2) (relating to requiring an operator to stop at a certain distance if a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment).
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.