Bill Text: TX HB3745 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to railroad crew requirements; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Transportation [HB3745 Detail]
Download: Texas-2015-HB3745-Introduced.html
| 84R13846 JTS-F | ||
| By: Davis of Dallas | H.B. No. 3745 | |
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| relating to railroad crew requirements; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 112, Transportation Code, | ||
| is amended by adding Section 112.104 to read as follows: | ||
| Sec. 112.104. FULL CREW. (a) In this section, "road" does | ||
| not include a designated service or repair track where the service | ||
| or repair track is: | ||
| (1) protected by: | ||
| (A) switch locks; | ||
| (B) blue flags; and | ||
| (C) derails; and | ||
| (2) not a main track. | ||
| (b) A railroad company or receiver of a railroad company may | ||
| not run over its road, or part of its road, outside of the yard | ||
| limits: | ||
| (1) a freight train, gravel train, mixed train, work | ||
| train, or construction train with less than a full train crew | ||
| consisting of one conductor and one engineer; or | ||
| (2) any light engine with less than a full train crew | ||
| consisting of one engineer and one conductor. | ||
| (c) This section does not prohibit a railroad company or | ||
| receiver from operating a train or light engine with a crew larger | ||
| than that prescribed by Subsection (b), except that the number of | ||
| crew persons in the cab of a locomotive may not exceed five. | ||
| (d) The control locomotive of a train described by | ||
| Subsection (b)(1) shall be operated by an engineer at any time the | ||
| locomotive is in motion. A conductor on a train described by | ||
| Subsection (b)(1) may dismount the train to perform necessary job | ||
| duties, including rail switching activities. | ||
| (e) This section applies to all trains operated in this | ||
| state to the extent that it does not conflict with federal law or | ||
| regulation or a court decision. | ||
| (f) This section does not apply to or include any railroad | ||
| company or receiver of any line of railroad in this state shorter | ||
| than 40 miles in length. | ||
| (g) Subsection (b)(1) does not apply in case of disability | ||
| of one or more members of: | ||
| (1) a train crew while out on the road between division | ||
| terminals; | ||
| (2) a switching crew in charge of yard engines; or | ||
| (3) a crew required to push trains out of the yard | ||
| limits. | ||
| (h) A railroad company or receiver that violates this | ||
| section is liable to the state for a penalty of not less than $100 or | ||
| more than $1,000 for each offense. Suit for the penalty may be | ||
| brought in Travis County or in any county in or through which the | ||
| line of railroad runs, by: | ||
| (1) the attorney general or under the attorney | ||
| general's direction; or | ||
| (2) the county or district attorney in any county in or | ||
| through which the railroad is operated. | ||
| (i) A suit under Subsection (h) is subject to the provisions | ||
| of Section 111.058. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
