HBA-MPA C.S.H.B. 2922 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2922 By: Dunnam Transportation 4/18/1999 Committee Report (Substituted) 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 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. C.S.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: Sec. 471.007. DUTY TO MAINTAIN CROSSING. (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 tect providing that an officer, agent, servant, or receiver of a railway company commits an offense if the person willfilly 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2922 differs from the original in SECTION 1 by deleting from Subsection (a), the existing language referring to an officer, agent, servant, or receiver of a railway company committing an offense by blocking a railroad crossing with a train. Reference to an officer, agent, servant, or receiver of a railway company is also deleted from the proposed new language in the substitute. Accordingly, the substitute provides that a railway company commits an offense if the company's train obstructs a street, railroad crossing, or public highway for more than 10 minutes (increased from five minutes in the original bill). In Subsection (b) the substitute provides that the fine for an offense under this section is not less than $100, rather than the existing $5, or more than $300, rather than $2,000 as in the original bill or $100 as in existing law. In Subsections (c) and (d), which the original bill does not address, the substitute makes changes, as follows: (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.