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Texas Official Admits Missteps That Helped Railroads in Suits
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Sometimes I really wish Ed wouldn't be so mealymouthed wishy-washy--come on Ed, can't you PLEEEEEEEEEASE have an opinion on SOMETHING????????[(-D][(-D] <br /> <br />For the benefit of the NYT and those of you who are non-Texans, here's what our law says (Texas Transportation Code): <br /> <br />§ 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF <br />TRAIN. (a) An operator approaching a railroad grade crossing <br />shall stop not closer than 15 feet or farther than 50 feet from the <br />nearest rail if: <br /> (1) a clearly visible railroad signal warns of the <br />approach of a railroad train; <br /> (2) a crossing gate is lowered, or a flagger warns of <br />the approach or passage of a train; <br /> (3) a railroad engine approaching within <br />approximately 1,500 feet of the highway crossing emits a signal <br />audible from that distance and the engine is an immediate hazard <br />because of its speed or proximity to the crossing; <br /> (4) an approaching railroad train is plainly visible <br />to the operator and is in hazardous proximity to the crossing; or <br /> (5) the operator is required to stop by: <br /> (A) other law; <br /> (B) a rule adopted under a statute; <br /> (C) an official traffic-control device; or <br /> (D) a traffic-control signal. <br /> (b) An operator of a vehicle required by Subsection (a) to <br />stop shall remain stopped until permitted to proceed and it is safe <br />to proceed. <br /> (c) An operator of a vehicle who approaches a railroad grade <br />crossing equipped with railroad crossbuck signs without automatic, <br />electric, or mechanical signal devices, crossing gates, or a <br />flagger warning of the approach or passage of a train shall yield <br />the right-of-way to a train in hazardous proximity to the crossing, <br />and proceed at a speed that is reasonable for the existing <br />conditions. If required for safety, the operator shall stop at a <br />clearly marked stop line before the grade crossing or, if no stop <br />line exists, not closer than 15 feet or farther than 50 feet from <br />the nearest rail. <br /> (d) An operator commits an offense if the operator drives <br />around, under, or through a crossing gate or a barrier at a railroad <br />crossing while the gate or barrier is closed, being closed, or being <br />opened. <br /> (e) In a prosecution under this section, proof that at the <br />time of the offense a train was in hazardous proximity to the <br />crossing and that the train was plainly visible to the operator is <br />prima facie evidence that it was not safe for the operator to <br />proceed. <br /> (f) An offense under this section is punishable by a fine of <br />not less than $50 or more than $200. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1997, 75th Leg., ch. 165, § 30.107(a), eff. Sept. 1, <br />1997; Acts 1997, 75th Leg., ch. 1097, § 1, eff. Sept. 1, 1997. <br /> <br /> § 545.252. ALL VEHICLES TO STOP AT CERTAIN RAILROAD <br />GRADE CROSSINGS. (a) The Texas Department of Transportation or a <br />local authority, with respect to a highway in its jurisdiction, <br />may: <br /> (1) designate a railroad grade crossing as <br />particularly dangerous; and <br /> (2) erect a stop sign or other official <br />traffic-control device at the grade crossing. <br /> (b) An operator approaching a stop sign or other official <br />traffic-control device that requires a stop and that is erected <br />under Subsection (a) shall stop not closer than 15 feet or farther <br />than 50 feet from the nearest rail of the railroad and may proceed <br />only with due care. <br /> (c) The costs of installing and maintaining a mechanically <br />operated grade crossing safety device, gate, sign, or signal <br />erected under this section shall be apportioned and paid on the same <br />percentage ratio and in the same proportionate amounts by this <br />state and all participating political subdivisions of this state as <br />costs are apportioned and paid between the state and the United <br />States. <br /> (d) An offense under this section is punishable by a fine of <br />not less than $50 or more than $200. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1997, 75th Leg., ch. 165, § 30.107(b), eff. Sept. 1, <br />1997. <br /> <br /> § 545.253. BUSES TO STOP AT ALL RAILROAD GRADE <br />CROSSINGS. (a) Except as provided by Subsection (c), the <br />operator of a motor bus carrying passengers for hire, before <br />crossing a railroad grade crossing: <br /> (1) shall stop the vehicle not closer than 15 feet or <br />farther than 50 feet from the nearest rail of the railroad; <br /> (2) while stopped, shall listen and look in both <br />directions along the track for an approaching train and signals <br />indicating the approach of a train; and <br /> (3) may not proceed until it is safe to do so. <br /> (b) After stopping as required by Subsection (a), an <br />operator described by Subsection (a) shall proceed without manually <br />shifting gears while crossing the track. <br /> (c) A vehicle is not required to stop at the crossing if a <br />police officer or a traffic-control signal directs traffic to <br />proceed. <br /> (d) This section does not apply at a railway grade crossing <br />in a business or residence district. <br /> (e) An offense under this section is punishable by a fine of <br />not less than $50 or more than $200. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1997, 75th Leg., ch. 165, § 30.107(c), eff. Sept. 1, <br />1997; Acts 1997, 75th Leg., ch. 1061, § 15, eff. Sept. 1, 1997; <br />Acts 1997, 75th Leg., ch. 1438, § 10, eff. Sept. 1, 1997. <br /> <br /> § 545.2535. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE <br />CROSSINGS. (a) Except as provided by Subsection (c), the <br />operator of a school bus, before crossing a track at a railroad <br />grade crossing: <br /> (1) shall stop the vehicle not closer than 15 feet or <br />farther than 50 feet from the track; <br /> (2) while stopped, shall listen and look in both <br />directions along the track for an approaching train and signals <br />indicating the approach of a train; and <br /> (3) may not proceed until it is safe to do so. <br /> (b) After stopping as required by Subsection (a), the <br />operator may proceed in a gear that permits the vehicle to complete <br />the crossing without a change of gears. The operator may not shift <br />gears while crossing the track. <br /> (c) An operator is not required to stop at: <br /> (1) an abandoned railroad grade crossing that is <br />marked with a sign reading "tracks out of service"; or <br /> (2) an industrial or spur line railroad grade crossing <br />that is marked with a sign reading "exempt." <br /> (d) A sign under Subsection (c) may be erected only by or <br />with the consent of the appropriate state or local governmental <br />official. <br /> <br />Added by Acts 1997, 75th Leg., ch. 1061, § 16, eff. Sept. 1, <br />1997; Acts 1997, 75th Leg., ch. 1438, § 11, eff. Sept. 1, 1997. <br /> <br /> § 545.254. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR <br />FLAMMABLE LIQUIDS. (a) Before crossing a railroad grade <br />crossing, an operator of a vehicle that has an explosive substance <br />or flammable liquid as the vehicle's principal cargo and that is <br />moving at a speed of more than 20 miles per hour: <br /> (1) shall reduce the speed of the vehicle to 20 miles <br />per hour or less before coming within 200 feet of the nearest rail <br />of the railroad; <br /> (2) shall listen and look in both directions along the <br />track for an approaching train and for signals indicating the <br />approach of a train; and <br /> (3) may not proceed until the operator determines that <br />the course is clear. <br /> (b) The operator of a vehicle that has an explosive <br />substance or flammable liquid as the vehicle's principal cargo, <br />before crossing a railroad grade crossing on a highway in a <br />municipality: <br /> (1) shall stop the vehicle not closer than 15 feet or <br />farther than 50 feet from the nearest rail of the railroad; <br /> (2) while stopped, shall listen and look in both <br />directions along the track for an approaching train and for signals <br />indicating the approach of a train; and <br /> (3) may not proceed until the operator determines that <br />the course is clear. <br /> (c) Subsections (a) and (b) do not apply: <br /> (1) if a police officer, crossing flagger, or <br />traffic-control signal directs traffic to proceed; <br /> (2) where a railroad flashing signal is installed and <br />does not indicate an approaching train; <br /> (3) to an abandoned or exempted grade crossing that is <br />clearly marked by or with the consent of the state, if the markings <br />can be read from the operator's location; <br /> (4) at a streetcar crossing in a business or <br />residential district of a municipality; or <br /> (5) to a railroad track used exclusively for <br />industrial switching purposes in a business district. <br /> (d) This section does not exempt the operator from <br />compliance with Section 545.251 or 545.252. <br /> (e) An offense under this section is punishable by a fine of <br />not less than $50 or more than $200. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1997, 75th Leg., ch. 165, § 30.107(d), eff. Sept. 1, <br />1997. <br /> <br /> § 545.255. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE <br />CROSSINGS. (a) This section applies only to: <br /> (1) a crawler-type tractor, steam shovel, derrick, or <br />roller; and <br /> (2) any other equipment or structure with: <br /> (A) a normal operating speed of 10 miles per hour <br />or less; or <br /> (B) a vertical body or load clearance of less <br />than one-half inch per foot of the distance between two adjacent <br />axles or less than nine inches measured above the level surface of a <br />roadway. <br /> (b) An operator of a vehicle or equipment may not move on or <br />across a track at a railroad grade crossing unless the operator has <br />given notice to a station agent of the railroad and given the <br />railroad reasonable time to provide proper protection at the <br />crossing. <br /> (c) To move a vehicle or equipment on or across a track at a <br />railroad grade crossing, the operator: <br /> (1) shall stop the vehicle or equipment not closer <br />than 15 feet or farther than 50 feet from the nearest rail of the <br />railroad; <br /> (2) while stopped, shall listen and look in both <br />directions along the track for an approaching train and for signals <br />indicating the approach of a train; and <br /> (3) may not proceed until it is safe to cross the <br />track. <br /> (d) An operator of a vehicle or equipment may not cross a <br />railroad grade crossing when warning of the immediate approach of a <br />railroad car or train is given by automatic signal, crossing gates, <br />a flagger, or otherwise. If a flagger is provided by the railroad, <br />the operator shall move the vehicle or equipment over the crossing <br />at the flagger's direction. <br /> (e) An offense under this section is punishable by a fine of <br />not less than $50 or more than $200. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1997, 75th Leg., ch. 165, § 30.107(e), eff. Sept. 1, <br />1997. <br /> <br /> § 545.2555. REPORT AND INVESTIGATION OF CERTAIN RAILROAD <br />CROSSING VIOLATIONS. (a) A person who on site observes a <br />violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 <br />may file a report of the violation if the person: <br /> (1) is an on-engine employee of a railroad; and <br /> (2) observes the violation while on a moving engine. <br /> (b) A report under this section must: <br /> (1) be made: <br /> (A) on a form approved by the department; and <br /> (B) not later than 72 hours after the violation; <br /> (2) be filed with: <br /> (A) an office of the department located in the <br />county in which the violation occurred; <br /> (B) the sheriff of the county in which the <br />violation occurred, if the violation occurred in the unincorporated <br />area of the county; or <br /> (C) the police department of a municipality, if <br />the violation occurred in the municipality; and <br /> (3) contain, in addition, to any other required <br />information: <br /> (A) the date, time, and location of the <br />violation; <br /> (B) the license plate number and a description of <br />the vehicle involved in the violation; <br /> (C) a description of the operator of the vehicle <br />involved in the violation; and <br /> (D) the name, address, and telephone number of <br />the person filing the report. <br /> (c) A peace officer may: <br /> (1) before the seventh day after the date a report <br />under this section is filed, initiate an investigation of the <br />alleged violation; and <br /> (2) request the owner of the reported vehicle, as <br />shown by the vehicle registration records of the Texas Department <br />of Transportation, to disclose the name and address of the <br />individual operating that vehicle at the time of the violation <br />alleged in the report. <br /> (d) Unless the owner of the reported vehicle believes that <br />to provide the peace officer with the name and address of the <br />individual operating the vehicle at the time of the violation <br />alleged would incriminate the owner, the owner shall, to the best of <br />the owner's ability, disclose that individual's name and address. <br /> (e) An investigating peace officer who has probable cause to <br />believe that a charge against an individual for a violation of <br />Section 545.251, 545.252, 545.253, 545.254, or 545.255 is justified <br />may: <br /> (1) prepare a written notice to appear in court that <br />complies with Sections 543.003, 543.006, and 543.007; and <br /> (2) deliver the notice to the individual named in the <br />notice in person or by certified mail. <br /> <br />Added by Acts 1997, 75th Leg., ch. 165, § 30.108(a), eff. Sept. <br />1, 1997. <br /> <br />§ 544.004. COMPLIANCE WITH TRAFFIC-CONTROL <br />DEVICE. (a) The operator of a vehicle or streetcar shall comply <br />with an applicable official traffic-control device placed as <br />provided by this subtitle unless the person is: <br /> (1) otherwise directed by a traffic or police officer; <br />or <br /> (2) operating an authorized emergency vehicle and is <br />subject to exceptions under this subtitle. <br /> (b) A provision of this subtitle requiring an official <br />traffic-control device may not be enforced against an alleged <br />violator if at the time and place of the alleged violation the <br />device is not in proper position and sufficiently legible to an <br />ordinarily observant person. A provision of this subtitle that <br />does not require an official traffic-control device is effective <br />regardless of whether a device is in place. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 544.005. INTERFERENCE WITH TRAFFIC-CONTROL DEVICE OR <br />RAILROAD SIGN OR SIGNAL. A person may not, without lawful <br />authority, alter, injure, knock down, or remove or attempt to <br />alter, injure, knock down, or remove: <br /> (1) an official traffic-control device or railroad <br />sign or signal; <br /> (2) an inscription, shield, or insignia on an official <br />traffic-control device or railroad sign or signal; or <br /> (3) another part of an official traffic-control device <br />or railroad sign or signal. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.001. DUTY TO MAINTAIN CROSSINGS. (a) A railway <br />company shall maintain the part of its roadbed and right-of-way <br />that is crossed by a public street of a Type B general-law <br />municipality in proper condition for use by travelers. <br /> (b) A railway company that does not make needed repairs <br />before the 31st day after the date the municipal marshal gives <br />written notice to the section boss of the section where repairs are <br />needed is liable to the municipality for a penalty of $25 for each <br />week the railway company does not make needed repairs. The <br />municipality may sue to recover the penalty. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.002. SIGNS AT CROSSINGS. (a) A railway company <br />shall place at each place where its railroad crosses a first or <br />second class public road a sign with large and distinct letters <br />giving notice that the railroad is near and warning persons to watch <br />for railroad cars. The sign must be high enough above the road to <br />permit the free passage of vehicles. <br /> (b) A railway company that does not erect a sign required by <br />Subsection (a) is liable for a resulting injury to a person or <br />resulting damage to property. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.003. TELEPHONE SERVICE TO REPORT MALFUNCTIONS OF <br />MECHANICAL SAFETY DEVICES AT CROSSINGS. (a) The Department of <br />Public Safety shall maintain a statewide toll-free telephone <br />service to receive a report of a malfunction of a device, including <br />a signal or crossbar, placed at an intersection of a railroad track <br />and a public road to promote safety. <br /> (b) At each intersection of a railroad track and a public <br />road that is maintained by the state or a municipality and at which <br />a mechanical safety device is placed, the Texas Department of <br />Transportation shall affix on the crossbars of the device the <br />telephone number, an explanation of its purpose, and the crossing <br />number. At each intersection of a railroad track and a public road <br />that is maintained by a political subdivision other than a <br />municipality and at which a mechanical safety device is placed, the <br />political subdivision shall affix on the crossbars of the device <br />the telephone number, an explanation of its purpose, and the <br />crossing number. The Texas Department of Transportation shall <br />provide to the political subdivision the sign or label displaying <br />the telephone number. A railway company shall permit personnel to <br />affix the telephone number on the company's property as required by <br />this subsection. <br /> (c) The Department of Public Safety shall notify the <br />identified railway company of each report of a malfunction received <br />under Subsection (a). <br /> (d) The Department of Public Safety shall maintain a <br />computerized list of each intersection of a railroad track and a <br />public road and of the railroad crossing safety equipment located <br />at each intersection, using crossing numbers compiled by the Texas <br />Department of Transportation. <br /> (e) Not later than the fifth day after the date it places <br />railroad crossing safety equipment in operation at an intersection <br />subject to this section, a state agency or a political subdivision <br />of the state other than a municipality shall notify the Department <br />of Public Safety of: <br /> (1) the location and type of the equipment installed; <br />and <br /> (2) the date it was placed in operation. <br /> (f) The state, an agency or political subdivision of the <br />state, or a railway company is not liable for damages caused by an <br />action taken under this section or failure to perform a duty imposed <br />by this section. Evidence may not be introduced in a judicial <br />proceeding that the telephone service required by this section <br />exists or that the state or railway company relies on the service. <br /> (g) Except as provided by Subsection (d), a state agency is <br />not required to make or retain a permanent record of information <br />obtained in implementing this section. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.004. WARNING SIGN VISIBILITY AT RAILROAD GRADE <br />CROSSINGS. (a) The department shall develop guidelines and <br />specifications for the installation and maintenance of reflecting <br />material at each unsignaled crossing. The material shall be <br />affixed to the back and support post of each crossbuck in a manner <br />that reflects light from vehicle headlights to focus attention on <br />the presence of the unsignaled crossing. <br /> (b) The department shall pay the cost of initial <br />installation of reflecting material from money appropriated to the <br />department to maintain grade crossing warning devices. The <br />department or the local jurisdiction responsible for maintaining <br />the roadway at each grade crossing shall pay the maintenance costs <br />of the material. <br /> (c) The state, an agency or political subdivision of the <br />state, or a railway company is not liable for damages caused by an <br />action taken under this section or failure to perform a duty imposed <br />by this section. Evidence may not be introduced in a judicial <br />proceeding that reflecting material exists or that the state or <br />railway company relies on the material. <br /> (d) The department shall adopt rules governing the <br />installation and maintenance of reflecting material at grade <br />crossings. <br /> (e) A railway company shall permit department personnel to <br />affix the reflecting material on the company's property. <br /> (f) In this section: <br /> (1) "Active warning device" means an automatically <br />activated warning device, including a bell, flashing light, gate, <br />or wigwag. <br /> (2) "Crossbuck" means a standard grade crossing <br />warning sign designated as Number R 15-1 and described in the Manual <br />of Uniform Traffic Control Devices issued by the United States <br />Department of Transportation, Federal Highway Administration. <br /> (3) "Department" means the Texas Department of <br />Transportation. <br /> (4) "Grade crossing" means the intersection at grade <br />of a railroad and a roadway constructed and maintained with public <br />money. <br /> (5) "Reflecting material" means material that <br />reflects light so that the paths of the reflected light rays are <br />parallel to those of the incident rays. <br /> (6) "Unsignaled crossing" means a grade crossing not <br />protected by active warning devices. <br /> (7) "Warning device" means a traffic control sign, <br />including an active warning device or crossbuck, the purpose of <br />which is to alert motorists of a grade crossing. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.005. DISMANTLING OF WARNING SIGNALS AT RAILROAD <br />GRADE CROSSINGS; OFFENSE. (a) A person may not dismantle a <br />warning signal at a grade crossing on an active rail line, as <br />defined by rule of the Texas Department of Transportation, if the <br /> <br />cost of the warning signal was originally paid entirely or partly <br />from public money unless the person: <br /> (1) obtains a permit from the governmental entity that <br />maintains the road or highway that intersects the rail line at the <br />grade crossing; and <br /> (2) pays that governmental entity an amount equal to <br />the present salvage value of the warning signal, as determined by <br />the governmental entity. <br /> (b) The governmental entity shall grant the permit if: <br /> (1) payment is received; and <br /> (2) the entity finds that removal of the warning <br />signal will not adversely affect public safety. <br /> (c) Money received under Subsection (a)(2) shall be <br />deposited in the state treasury. <br /> (d) This section does not apply to a Class I or Class II <br />railroad, as defined by Interstate Commerce Commission <br />regulations. <br /> (e) A person commits an offense if the person violates this <br />section. An offense under this section is a Class C misdemeanor. <br /> (f) The Texas Department of Transportation may adopt rules <br />necessary to administer this section. <br /> (g) In this section: <br /> (1) "Grade crossing" has the meaning assigned by <br />Section 472.004(f). <br /> (2) "Warning signal" means a traffic control device <br />that is activated by the approach or presence of a train, including <br />a flashing light signal, an automatic gate, or a similar device that <br />displays to motorists a warning of the approach or presence of a <br />train. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.006. USE OF BELL AND WHISTLE OR SIREN AT CROSSINGS; <br />OFFENSE. (a) A railway company shall place on each locomotive: <br /> (1) a bell weighing at least 30 pounds; and <br /> (2) a steam whistle, air whistle, or air siren. <br /> (b) The engineer in charge of the locomotive shall ring the <br />bell and blow the whistle or siren at least one-quarter mile from <br />the place where the railroad crosses a public road or street. The <br />engineer shall continue to ring the bell until the locomotive has <br />crossed the road or stopped. <br /> (c) The railway company is liable for any damages sustained <br />by a person because of a violation of Subsection (a) or (b). <br /> (d) The engineer in charge of the locomotive commits an <br />offense if the engineer violates Subsection (b). An offense under <br />this subsection is a misdemeanor punishable by a fine of not less <br />than $5 or more than $100. <br /> (e) Notwithstanding Subsections (a) and (b), the governing <br />body of a municipality having a population of at least 5,000 may <br />regulate by ordinance the ringing of bells and blowing of whistles <br />and sirens within its limits. Compliance with the ordinance is <br />compliance with those subsections and a sufficient warning to the <br />public at a crossing the ordinance affects. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br /> § 471.007. OBSTRUCTING RAILROAD CROSSINGS; <br />OFFENSE. (a) A railway company commits an offense if a train of <br />the railway company obstructs for more than 10 minutes a street, <br />railroad crossing, or public highway. <br /> (b) An offense under this section is a misdemeanor <br />punishable by a fine of not less than $100 or more than $300. <br /> (c) An officer charging a railway company for an offense <br />under this section shall prepare in duplicate a citation to appear <br />in court and attach one copy of the citation to the train or deliver <br />the copy to an employee or other agent of the railway company. The <br />citation must show: <br /> (1) the name of the railway company; <br /> (2) the offense charged; and <br /> (3) the time and place that a representative of the <br />railway company is to appear in court. <br /> (d) It is a defense to prosecution under this section that <br />the train obstructs the street, railroad crossing, or public <br />highway because of an act of God or breakdown of the train. <br /> (e) The hearing must be before a magistrate who has <br />jurisdiction of the offense in the municipality or county in which <br />the offense is alleged to have been committed. <br /> (f) An appearance by counsel complies with the written <br />promise to appear in court. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended <br />by Acts 1999, 76th Leg., ch. 1023, § 1, eff. Sept. 1, 1999. <br /> <br /> § 471.008. FRANCHISE TO OBSTRUCT STREET <br />CROSSING. (a) The governing body of a municipality by ordinance <br />may grant a franchise to a railway company to obstruct a street <br />crossing, other than a crossing of a designated state highway, by a <br />passenger train for the purpose of receiving or discharging <br />passengers, mail, express, or freight for a longer period than <br />specified by Section 472.007. <br /> (b) Section 471.007 does not apply to a street crossing <br />named in an ordinance granting a franchise under this section. <br /> (c) This section does not apply to a municipality having a <br />special charter unless it amends its charter to adopt this section. <br /> <br />Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. <br /> <br />And, from TxDOT: <br /> <br />"Traffic Operations Division - Railroad/Highway Grade Crossings Section <br />"Darin K. Kosmak, Section Director <br /> <br />"The Railroad Section is responsible for programs to improve railroad/highway crossings. The Railroad Section manages programs to: <br /> <br /> * Install highway/railroad crossing signals and gates <br /> * Improve crossing surfaces on state highways <br /> * Secure agreements with railroad companies where access is needed on railroad property <br /> <br />"The Railroad Section provides services related to the safety of crossings in Texas and acts as the department liaison to railroad companies, the Federal Highway Administration, the Federal Railroad Administration and local governments. The Railroad Section is also involved with various national and state committees and research panels that review and adopt research findings into the state railroad program." <br /> <br />Note that TxDOT is responsible for managing the crossing protection program. The railroads don't get to choose what equipment or where if they want Federal help--TxDOT does that by formula, even though, as Ed says, they pay a piece of the capital cost and all the maintenance costs, and the warrant procedure that determines the location and type of protection does include acceptable accident rate, just as it does in every state. <br /> <br />The RR section also maintains the crossing database, which includes every public crossing in the state, and we have more than any state in the Union. <br /> <br />If you read the NYT article, what it says is that TxDOT no longer has all the records to use as evidence that the crossing devices were paid for at least in part with Federal funds, dating back to 1977. That's not surprising. Do you have your pay stubs for 1977?? Most people don't because IRS doesn't require financial records to be kept for that long. TxDOT also doesn't keep all its financial records forever, and neither does any other state DOT. He also said that the crossings that met Federal Standards were left alone. That's not surprising, either. He's relying on his knowledge and experience. So do all other expert witnesses. <br /> <br />Read the article again and take it at face value: what's really at issue here is not crossing safety, it's a legal question as to whether or not plaintiffs' lawyers in the State of Texas can bring a lawsuit against a railroad on a crossing case by getting around the statutory protection provided by the Legislature (see above). That has to do with legal tactics and not safety, and proper venue for such issues is in the Texas Civil Court system and Texas Legislature.
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