HBA-MPA H.B. 2922 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2922
By: Dunnam
Transportation
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, numerous cities across the state are experiencing 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 access the path of an emergency vehicle.  There is an
accountability problem with the current code in that if an individual
employee of a railroad commits an offense, the company may be held
blameless even though it may be 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. 

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) and (b), Transportation Code, to
provide that a railway company commits an offense if an officer, agent,
servant, or receiver of the company wilfully obstructs for more than five
minutes a street, railroad crossing, or public highway by permitting a
train to stand on a crossing, and that an offense under this section is
punishable by a fine of not less than $5 or more than $2,000, rather than
$100. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999. 

SECTION 4.  Emergency clause.