HBA-ATS, MPA H.B. 2922 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2922 By: Dunnam Transportation 10/6/1999 Enrolled BACKGROUND AND PURPOSE Numerous cities across the state experience problems with trains obstructing crossings within their corporate boundaries. In many small towns the rail crossing may be the only way across the tracks for many miles. In addition to inconveniencing motorists, an obstructed crossing may block the path of an emergency vehicle. Prior to the 76th Legislature, a railroad company would have been held blameless if an employee committed an offense. This was the case even though it may have been the policy of the company to store railroad cars on the tracks. H.B. 2922 allows a railroad company to be held accountable and sets out the applicable fine and procedures. 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)-(d), Transportation Code, as follows: (a) Provides that a railway company commits an offense if it obstructs for more than ten minutes a street, railroad crossing, or public highway. Deletes text providing that an officer, agent, servant, or receiver of a railway company commits an offense if the person willfully obstructs for more than five minutes a railroad crossing or other public way. (b) Provides that an offense under this section is punishable by a fine of not less than $100, rather than $5, or more than $300, rather than $100. (c) Requires an officer charging a railway company, rather than making an arrest, to prepare in duplicate a citation to appear in court that must show the name of the railway company, rather than the address of the person, and the offense charged. Makes a conforming change. (d) Provides that it is a defense to prosecution under this section that the train obstructs the street, railroad crossing, or public highway because of an act of God or breakdown of the train. Deletes provisions having to do with procedures for delivery of a citation under this section. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.