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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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