HBA-ALS H.B. 2810 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2810
By: Swinford
Transportation
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a misdemeanor is committed by an employee of a railway
company who wilfully obstructs a street or railroad crossing for more than
five minutes. The current penalty for such an offense is the imposition of
a fine between $5 and $100.  The purpose of this bill is to make penalties
harsher for blocking a roadway with a train. 

H.B. 2810 makes the act of wilfully obstructing a street, railroad
crossing, or public highway for more than 10 minutes by allowing a train to
stand on the crossing, a misdemeanor punishable by a fine between $500 and
$1,000.  In addition, this bill makes the refusal by a person to
immediately clear a crossing, after being informed by a peace officer that
an emergency situation requires the clearance, a misdemeanor punishable by
a fine of not less than $1,500. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 471.007(a), (b), and (c), Transportation Code,
as follows: 

(a) Provides that an officer, agent, servant, or receiver of a railway
company commits an offense if the person: 

(1) wilfully obstructs for more than 10 minutes, rather than five, a
street, railroad crossing, or public highway by permitting a train to stand
on the crossing, or 

(2) refuses to clear the crossing immediately after being informed by a
peace officer that an emergency situation requires it. 
 
(b) Provides that an offense under Subsection (a)(1) is a misdemeanor
punishable by a fine of not less than $500, or more than $1,000, rather
than $5 or more than $100.  Provides that an offense under Subsection
(a)(2) is a misdemeanor punishable by a fine of not less than $1,500 or
more than $3,000.  Makes nonsubstantive changes. 

(c)  Requires an officer making an arrest for an offense under this section
to prepare in duplicate a citation to appear in court showing the railroad
company of which the person is an officer, agent, servant, or receiver, in
addition to the name and address of the person; the offense charged; and
the time and place the person is to appear in court. Makes nonsubstantive
changes. 

SECTION 2.Effective date: September 1, 1999. 
  Makes application of this Act prospective.  

SECTION 3.  Emergency clause.