CHAPTER 8. RESTRICTIONS, DUTIES AND LIABILITIES - Texas Statutes

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 8. RESTRICTIONS, DUTIES AND LIABILITIES

Text of article effective until April 01, 2011

Art. 6366. CONFISCATING OR CONVERTING FREIGHT. No railroad

company or receiver thereof, in this State shall confiscate, or

otherwise convert to its own use, any carload shipment or

substantial portion of any such carload shipment of any article

or commodity of freight traffic received by it, or them, for

transportation and delivery, without the express consent of the

owner or consignee thereof, and the acts of the agents, officers

and employes of such carrier or receiver within the apparent

scope of their duties or authority with respect to such

conversion or confiscation shall be deemed to be the acts of such

railway company, receiver or other carrier. The provisions of

this article shall not apply to conversion of freight where the

same has been damaged or intermingled with other freight in

wrecks, nor to refused or unclaimed freight, the delivery of

which the railroad is unable to effect.

Acts 1917, p. 386.

Text of article effective until April 01, 2011

Art. 6367. PENALTY. In addition to all other remedies or

penalties that may be provided by law therefor, the violation of

any provision of the preceding article shall subject the railway

company, or receiver or other common carrier so offending to a

penalty of not less than one hundred and twenty-five nor more

than five hundred dollars in favor of the State of Texas, and a

further penalty of twice the amount of the purchase price of the

converted shipment in favor of the owner or consignee thereof.

Acts 1917, p. 386.

Text of article effective until April 01, 2011

Art. 6370c. ENHANCED PAVEMENT MARKING VISIBILITY AT CERTAIN GRADE

CROSSINGS.

Definitions

Sec. 1. In this Act:

(1) "Department" means the Texas Department of Transportation.

(2) "Grade crossing" and "retroreflectorized material" have the

meanings assigned by Section 1, Chapter 269, Acts of the 71st

Legislature, Regular Session, 1989 (Article 6370b, Vernon's Texas

Civil Statutes).

(3) "Pavement markings" means markings applied or attached to the

surface of a roadway for the purpose of regulating, warning, or

guiding traffic.

(4) "Stop bar" means the marking that is applied or attached to

the surface of a roadway on either side of a grade crossing and

that indicates that a vehicle must stop at the grade crossing.

Improved Pavement Markings at Certain Grade Crossings

Sec. 2. A county or municipality shall use standards developed by

the department in applying pavement markings or a stop bar at a

grade crossing if the cost of the markings or stop bar is paid

either entirely or partly from state or federal funds. In

developing its standards, the department shall follow the

standards in the Manual of Uniform Traffic Control Devices issued

by the United States Department of Transportation Federal Highway

Administration and, where appropriate, require the use of

retroreflectorized materials.

Acts 1993, 73rd Leg., ch. 480, eff. Sept. 1, 1993.

Text of article effective until April 01, 2011

Art. 6400. CATTLE-GUARDS. Every railroad company whose railroad

passes through a field or inclosure, shall place a good and

sufficient cattle-guard or stop at the points of entering such

field or inclosure, and keep them in good repair. If such field

or inclosure shall be enlarged or extended, or the owner of any

land over which a railway runs shall clear and open a field so as

to embrace the track of a railway, such railroad company shall

place good and sufficient cattle-guards or stops at the margins

of such extended inclosures or fields or such new fields and keep

the same in repair. Such cattle-guards or stops shall be so

constructed and kept in repair as to protect such fields and

inclosures from the depredations of stock of every description.

If such company fails to construct and keep in repair such

cattle-guards and stops, the owner of such inclosure or field may

have such cattle-guards and stops placed at the proper places and

kept in repair, and may recover the costs thereof from such

railroad company, unless it be shown that said enlargement or

extension was made capriciously and with intent to annoy and

molest such company. If any company neglects to construct the

proper cattle-guards and stops and keep the same in repair as

required in this article, such company shall be liable to the

party injured by such neglect for all damages that may result

from such neglect, to be recovered by suit.

Acts 1860, p. 64; G.L., vol. 4, p. 1426; P.D. 4925.

Text of article effective until April 01, 2011

Art. 6402. KILLING STOCK. Each railroad company shall be liable

to the owner for the value of all stock killed or injured by the

locomotives and cars of such railroad company in running over

their respective railways. Such liability shall also exist in

counties and subdivisions of counties which adopt the stock law

prohibiting the running at large of horses, mules, jacks, jennets

and cattle. If said company fence its road it shall only be

liable for injury resulting from a want of ordinary care.

Acts 1905, p. 226; P.D. 4926.

Art. 6419a. ENGINEER'S OPERATOR PERMITS.

Issuance of Permit

Sec. 1. (a) A railroad company shall issue to each person that it

employs to operate or permits to operate a railroad locomotive in

this state an engineer's operator permit. A permit must include

the engineer's name, address, physical description, photograph,

and date of birth.

(b) A railroad company shall issue to each person that it employs

to operate or permits to operate a train in this state, other

than a person issued a permit under Subsection (a) of this

section, a trainman's permit. A permit must include the

trainman's name, address, physical description, photograph, and

date of birth.

Operation of locomotive or train

Sec. 2. (a) A person operating a railroad locomotive in this

state shall have in his or her immediate possession an engineer's

operator permit issued under this Act.

(b) A person operating a train in this state, other than a person

issued a permit under Section 1(a) of this Act, shall have in his

or her immediate possession a trainman's permit issued under this

Act.

Proof of Identification

Sec. 3. A person who operates a railroad locomotive or train and

who is required by a peace officer to show proof of

identification in connection with the person's operation of a

locomotive or train shall display the person's permit issued

under this Act and may not be required to display an operator's,

commercial operator's, or chauffeur's driver's license issued

under Chapter 173, Acts of the 47th Legislature, Regular Session,

1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).

Records Relating to Accidents or Violations

Sec. 4. If a person operating a railroad locomotive or train is

involved in an accident with another train or a motor vehicle or

is arrested for violation of a law relating to the person's

operation of a locomotive or train, the number or other

identifying information about the person's operator's, commercial

operator's, or chauffeur's driver's license may not be included

in any report of the accident or violation, and the person's

involvement in the accident or violation may not be recorded in

the person's individual driving record maintained by the

Department of Public Safety.

Acts 1981, 67th Leg., p. 551, ch. 232, eff. Aug. 31, 1981.

Amended by Acts 1991, 72nd Leg., ch. 340, Sec. 1, eff. Jan. 1,

1992.

Text of article effective until April 01, 2011

Art. 6419b. DUTY TO STOP AND RENDER AID.

Stop After Accident

Sec. 1. The person assigned by a railroad corporation to be

responsible for the operation of the train who is involved, while

operating a locomotive, in an accident resulting in injury to or

death of any person or damage to any vehicle that is driven or

attended by a person shall immediately stop the locomotive at the

scene of the accident.

Rendering of Aid

Sec. 2. The person responsible for the operation of the train

shall render to any person injured in the accident reasonable

assistance, including the carrying, or the making of arrangements

for the carrying, of the person to a physician, surgeon, or

hospital for medical or surgical treatment if it is apparent that

treatment is necessary or if the carrying is requested by the

injured person.

Offense

Sec. 3. A person who violates this article commits an offense. An

offense under this article is a Class C misdemeanor.

Added by Acts 1987, 70th Leg., ch. 864, Sec. 1, eff. Sept. 1,

1987.

Art. 6419c. HAZARDOUS MATERIALS; REPORTS.

Definitions

Sec. 1. In this Act:

(1) "Commission" means the Railroad Commission of Texas.

(2) "Emergency management program" means an emergency management

program established under Subchapter E, Chapter 418, Government

Code.

(3) "Division of emergency management" means the Texas Division

of Emergency Management.

(4) "Hazardous material" means any substance the transportation

by railroad of which is included within the coverage of rail car

placarding requirements of regulations adopted by the federal

Department of Transportation and published in Title 49, Code of

Federal Regulations.

Reporting requirements

Sec. 2. (a) A railroad company that transports hazardous

materials in or through the state shall file with the commission

a copy of each hazardous materials incident report that the

company files with the federal Department of Transportation in

accordance with 49 C.F.R. 171.16, not later than the 15th day

after the date that the incident that forms the basis of the

report is discovered.

(b) Not later than April 1 of each year, a railroad company that

transports hazardous materials in or through the state shall

provide to the commission:

(1) a map depicting the location of each railroad main line and

branch line that the company owns, leases, or operates in the

state;

(2) a map delineating the geographical limits of the railroad

company operating divisions or districts and the principal

operating officer for the railroad company in each operating

division or district;

(3) a primary and secondary telephone number for the railroad

company dispatcher responsible for train operations in each

operating division or district;

(4) a list of each type of hazardous material by hazard class and

the quantity of the material transported over each railroad line

owned, leased, or operated by the railroad company during the

preceding year; and

(5) the name and address of the railroad company employee in

charge of training persons to handle an incident related to

hazardous materials.

(c) For the purposes of Subdivision (4) of Subsection (b) of this

section, "hazard class" means any one of the following, as

defined by 49 C.F.R. 173, or, with respect to hazardous waste,

listed as a substance subject to 40 C.F.R. 262:

(1) radioactive material;

(2) explosives, Class A;

(3) explosives, Class B;

(4) poison A;

(5) poison B;

(6) flammable gas;

(7) nonflammable gas;

(8) flammable liquid;

(9) oxidizer;

(10) flammable solid;

(11) corrosive material;

(12) combustible liquid;

(13) etiologic agent;

(14) other regulated material (ORM); or

(15) hazardous waste.

(d) If a substance fits the definitions of more than one hazard

class, the substance must be classified in accordance with the

sequence stated in 49 C.F.R. 173.2.

Distribution

Sec. 3. (a) The commission shall compile information submitted to

the commission under this Act for distribution to local emergency

management agencies located in jurisdictions containing reported

railroad operations.

(b) At least once each year the division of emergency management

shall distribute the information compiled by the commission to

the appropriate officials for inclusion in local emergency

management plans.

Acts 1989, 71st Leg., ch. 350, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 2B.11, eff. September 1, 2009.