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A BILL TO BE ENTITLED
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AN ACT
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relating to railroad crew requirements; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 112, Transportation Code, |
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is amended by adding Section 112.104 to read as follows: |
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Sec. 112.104. FULL CREW. (a) In this section, "road" does |
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not include a designated service or repair track where the service |
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or repair track is: |
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(1) protected by: |
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(A) switch locks; |
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(B) blue flags; and |
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(C) derails; and |
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(2) not a main track. |
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(b) A railroad company or receiver of a railroad company may |
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not run over its road, or part of its road, outside of the yard |
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limits: |
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(1) a freight train, gravel train, mixed train, work |
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train, or construction train with less than a full train crew |
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consisting of one conductor and one engineer; or |
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(2) any light engine with less than a full train crew |
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consisting of one engineer and one conductor. |
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(c) This section does not prohibit a railroad company or |
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receiver from operating a train or light engine with a crew larger |
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than that prescribed by Subsection (b), except that the number of |
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crew persons in the cab of a locomotive may not exceed five. |
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(d) The control locomotive of a train described by |
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Subsection (b)(1) shall be operated by an engineer at any time the |
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locomotive is in motion. A conductor on a train described by |
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Subsection (b)(1) may dismount the train to perform necessary job |
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duties, including rail switching activities. |
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(e) This section applies to all trains operated in this |
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state to the extent that it does not conflict with federal law or |
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regulation or a court decision. |
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(f) This section does not apply to or include any railroad |
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company or receiver of any line of railroad in this state shorter |
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than 40 miles in length. |
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(g) Subsection (b)(1) does not apply in case of disability |
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of one or more members of: |
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(1) a train crew while out on the road between division |
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terminals; |
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(2) a switching crew in charge of yard engines; or |
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(3) a crew required to push trains out of the yard |
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limits. |
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(h) A railroad company or receiver that violates this |
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section is liable to the state for a penalty of not less than $100 or |
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more than $1,000 for each offense. Suit for the penalty may be |
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brought in Travis County or in any county in or through which the |
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line of railroad runs, by: |
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(1) the attorney general or under the attorney |
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general's direction; or |
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(2) the county or district attorney in any county in or |
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through which the railroad is operated. |
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(i) A suit under Subsection (h) is subject to the provisions |
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of Section 111.058. |
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SECTION 2. This Act takes effect September 1, 2015. |