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