VERNON'S TEXAS CIVIL STATUTES
CHAPTER 8. RESTRICTIONS, DUTIES AND LIABILITIES
Art. 6354. [6549] [4491] [4223] Road to pass through county seat
No railroad hereafter constructed in this State shall pass within a
distance of three miles of any county seat without passing through
the same and establishing and maintaining a depot therein, unless
prevented by natural obstacles, such as streams, hills or
mountains; provided, such town or its citizens shall grant the
right of way through its limits and sufficient ground for ordinary
depot purposes.
Const. art. 10, sec. 9.
Art. 6355. [6550] [4492] [4224] Shall survey twenty-five miles
Every railroad company organized under this title shall make an
actual survey of its route or line for a distance of twenty-five
miles on its projected route, and shall designate the depot grounds
along said first twenty-five miles before the roadbed is begun. No
railroad company shall change its route or depot grounds after the
same have been so designated.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6356. [6551] [4493] [4225] Subsequent mileage
Every such corporation shall, on completion of the first
twenty-five miles of its roadbed, make a survey of the next
twenty-five miles, and of each subsequent twenty-five miles as the
preceding twenty-five miles shall be completed, and every
subsequent twenty-five miles shall be controlled by the provisions
applicable to the first twenty-five miles of the road.
Acts 1876, p. 142; G.L. vol. 8, p. 978.
Art. 6357. [6552] [4494] [4226] Train regulations
Every such corporation shall start and run their cars for the
transportation of passengers and property at regular times to be
fixed by public notice, and shall furnish sufficient accommodation
for the transportation of all such passengers and property, as
shall, within a reasonable time previous thereto, offer or be
offered for transportation at the place of starting and at
junctions of other roads and at sidings and stopping places
established for or receiving and discharging way passengers and
freight and shall take, transport and discharge such passengers and
property at, from and to such places, on the due payment of the
tolls, freight or fare legally authorized therefor. Failure on the
part of railroad companies to comply with the requirements of this
article shall be deemed an abuse of their rights and privileges and
such abuse shall at once be corrected and regulated by the Railroad
Commission. No railroad corporation nor any manager or receiver of
any railroad shall ever abandon operation of its trains over said
railroad or any part thereof, and if any railroad corporation,
manager or receiver has or may hereafter abandon operation of its
trains over its said railroad, or part thereof, the Railroad
Commission of Texas shall at once issue its order directing said
railroad corporation, manager or receiver to at once resume
operation of its trains over said road or part thereof, in
accordance with the orders, rules and regulations of the said
Commission.
P.D. 4893; Acts 1st C.S. 1903, p. 21; Acts 4th C.S. 1918, p. 189.
Art. 6358. [6552] [4494] [4226] Action on abandonment
If any railroad corporation, manager or receiver shall attempt to
abandon any railroad, or part thereof, by failing to operate its
trains or to resume operation of its trains over its said road, or
part thereof, if the operation of trains has been abandoned, the
Railroad Commission shall report the same to the Attorney General
who shall at once file a suit in behalf of the State against said
railroad corporation, manager or receiver in any district court of
Travis County, or of any county through which said railroad may
pass, for the purpose of determining whether or not said railroad
corporation, manager or receiver has failed or refused to carry out
the purpose of this law, and if the court shall determine that said
corporation, manager or receiver has so failed or refused, said
court shall appoint a receiver for the purpose of operating said
railroad and carrying out the purposes of this law. The said
receiver shall have no connection directly or indirectly with said
railroad corporation, manager, or receiver prior to the time of his
appointment, but shall be a good business man well qualified to
perform the duties of said receiver.
Said receiver shall collect freight and passenger rates as
prescribed by said Commission and shall do and perform any and all
things necessary in the operation of said trains over said road and
shall report to the said court at such times as the decree of the
court may prescribe, all his acts as such receiver.
P.D. 4893; Acts 1st C.S. 1903, p. 21; Acts 4th C.S. 1918, p. 189.
Art. 6359. Effect of preceding articles
This law shall be considered cumulative of all laws of this State
now in force on this subject when not in conflict herewith, but when
in conflict herewith, this law shall control; but the provisions
hereof shall not apply to railroads to which the right of eminent
domain is not granted under the laws of this State.
P.D. 4893; Acts 1st C.S. 1903,p.21; Acts 4th C.S. 1918, p. 189.
Art. 6360. [6554] [4496] [4227] Refusal to transport
In case of the refusal by such corporation or their agents so to
take and transport any passengers or property, or to deliver the
same, or either of them, at the regularly appointed time, such
corporation shall pay to the party aggrieved all damages which
shall be sustained thereby, with costs of suit; and in case of the
transportation of property shall in addition pay to such party
special damages at the rate of five per cent per month upon the
value of the same at the time of shipment, for the negligent
detention thereof beyond the time reasonably necessary for its
transportation. In suits against such corporation under this law,
the burden of proof shall be on such corporation to show that the
delay was not negligent.
Acts 1887, p. 116; G.L. vol. 9, p. 914.
Art. 6361. [6555] Double-decked cars for animals
All railroad companies operating any railroad, or any part thereof,
within this State, are required to provide cars with double decks
for the shipment of sheep, goats, hogs and calves; the said cars
must be in every way as large as those now in use upon the respective
roads of this State; the distance between the floor and the second
deck shall be the same as the distance between the second deck and
the roof; the floor of the second deck shall be so constructed as to
protect the animals beneath; and said cars must be furnished by the
railroad company to any person who shall offer to ship at one time,
hogs, sheep, goats or calves, in carload lots.
Acts 1887, p. 57; Sen.Jour.1895, p. 483; G.L. vol. 9, p. 855.
Art. 6362. [6556] Rates of freight; penalty
It shall be unlawful for any railroad company to charge more for
shipping a double-decked carload of sheep, goats, hogs or calves
than is charged for shipping a carload of other cattle or horses the
same distance, and in the same direction; and any railroad company
that shall fail or refuse to furnish double-decked cars of the
dimensions prescribed in the preceding article to any person who
may wish to ship as much as a double-decked carload of sheep, hogs,
goats, or calves, or shall charge more for shipping a double-decked
carload of sheep, hogs, goats or calves, than for shipping a carload
of other cattle or horses for the same distance and in the same
direction, shall be liable to pay to the owner or shipper of said
sheep, hogs, goats, or calves, the sum of five hundred dollars as
liquidated damages; provided, that if any railroad companies shall
transport sheep, hogs, goats, and calves, on single-decked cars at
one-half the price per carload charged for shipping horses, or
other cattle, then the penalties prescribed in this article for
failure to provide double-decked cars shall be inoperative.
Acts 1887, p. 57; Sen.Jour.1895, p. 483; G.L. vol. 9, p. 855.
Art. 6363. [6557] Overcharge
It shall be unlawful for any railroad company in this State, its
officers, agents or employes, to charge and collect or to endeavor
to charge and collect from the owner, agent or consignee of any
freight, goods, wares and merchandise, of any kind or character
whatsoever, a greater sum for transporting said freight, goods,
wares and merchandise than is specified in the bill of lading.
Acts 1899, p. 70.
Art. 6364. [6558] Delivery on payment of charges
Any railroad company, its officers, agents or employes, having
possession of any goods, wares and merchandise, of any kind or
character whatsoever, shall deliver the same to the owner, his
agent or consignee, upon payment of the freight charges, as shown by
the bill of lading.
Acts 1899, p. 70.
Art. 6365. [6559] Refusal to deliver freight
If any railroad company, its officers, agents or employes shall
refuse to deliver to the owner, agent or consignee, any freight,
goods, wares and merchandise, of any kind or character whatsoever,
upon the payment, or tender of payment, of the freight charges due
as shown by the bill of lading, the said railroad company shall be
liable in damages to the owner of said freight, goods, wares and
merchandise, to an amount equal to the amount of freight charges,
for every day said freight, goods, wares and merchandise is held
after payment, or tender of payment, of the charges due as shown by
the bill of lading.
Acts 1899, p. 70.
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.
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.
Art. 6368. [6560-1] Badge
Every conductor, baggage master, engineer, brakeman or other
servant of such railroad corporation employed in a passenger train,
or at its stations for passengers, shall wear upon his hat or cap a
badge which shall indicate his office and the initial letters or the
style of the corporation by which he is employed. No conductor or
collector without such badge shall demand or be entitled to receive
from any passenger any fare, toll ticket, or exercise any power of
his office, and no other of the said officers or servants, without
such badge, shall have any authority to meddle or interfere with the
passengers, their baggage or property.
Art. 6369. [6562] [4505] [4230] Baggage
A check shall be affixed to every package or parcel of baggage when
taken for transportation by the agent or servant of such
corporation, and a duplicate thereof given to the passenger or
person delivering the same on his behalf; and, if such check be
refused on demand, the corporation shall pay to such passenger the
sum of ten dollars, to be recovered in an action of debt; and
further, no fare or toll shall be collected or received from such
passenger; and, if such passenger shall have paid his fare, the
same shall be refunded by the conductor in charge of the train.
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.
Art. 6372. [6565-6] Headlights
Every railroad corporation or receiver or lessee thereof, operating
any line of railroad in this State, shall equip all locomotive
engines used in the transportation of trains over said railroad
with electric or other headlights of not less than fifteen hundred
candle power, measured without the aid of a reflector. This article
shall not apply to locomotive engines regularly used in the
switching of cars or trains. Any railroad company or the receiver
or lessee thereof doing business in the State of Texas, which shall
violate any provision of this article, shall be liable to the State
of Texas for a penalty of not less than one hundred nor more than one
thousand dollars for each offense. Such suit may be brought in the
name of the State in Travis County or in any county in or through
which such line of railroad may run, by the Attorney General, or by
the county or district attorney in any county in or through which
such line of railroad may be operated; and such suit shall be
subject to the provisions of Article 6477.
Acts 1907, p. 54.
Art. 6373. [6567] Switch lights
Every railway corporation operating any line of railway in this
State shall place and maintain good and sufficient switch lights on
all their main line switches connected with the main line, and keep
the same lighted from sunset until sunrise. This article shall not
apply to railways which have all their locomotives equipped with
electric headlights, nor on railroad lines or divisions on which no
trains are regularly run or operated at night.
Acts 1905, p. 77.
Art. 6374. [6568] Derailing switches on sidings
Every railroad corporation operating any line of railway in Texas
shall place and maintain good and safe derailing switches on all of
their sidings connecting with the main line of such railway and upon
which siding cars are left standing. No derailing switches shall be
required where the siding connects with the main line on an upgrade
in the direction of the main line of one half of one per cent or
over, nor on inside tracks at terminal points where regular
switching crews are employed.
Acts 1905, p. 77.
Art. 6375. [6569] Penalty
Any railway corporation which shall wilfully violate any provision
of the two preceding articles shall be liable to the State of Texas
for a penalty of not less than one hundred nor more than one
thousand dollars for each offense. Such penalty shall be recovered
and suits therefor be brought by the Attorney General, or under his
direction, in the name of the State of Texas, in Travis County, or
in any county through which such railway may run or be operated, and
such suits shall be subject to the provisions of Article 6477.
Acts 1905, p. 77.
Art. 6376. Using tracks to make or repair cars
No firm, corporation or receiver operating any railroad, machine
shop or other concern engaged in repairing or manufacturing cars
within this State, shall use any tracks not equipped with derailing
devices upon which to repair or manufacture cars; such derailing
devices to be provided with private locks, to be kept locked at all
times when tracks are in use. Nothing herein shall be construed to
prohibit temporary repairs to cars on tracks other than where cars
are regularly repaired or manufactured. Any firm, corporation or
receiver operating any railroad, machine shop or other concern
engaged in repairing or manufacturing cars in this State, who shall
violate this law shall forfeit and pay a penalty to the State of
Texas of not less than fifty nor more than two hundred dollars.
Each day such violation shall exist shall be a separate offense.
Acts 1913, p. 334.
Art. 6379. Air brake inspection
The air brakes and air brake attachment on each train in this State
must be inspected by a competent inspector before such train leaves
its division terminal. This article shall not apply to tram roads
engaged in hauling logs to saw mills, nor to railroads under forty
miles in length. Any corporation or receiver who operates or causes
to be operated any such train without such inspection shall forfeit
and pay to the State of Texas a penalty of not less than fifty nor
more than one hundred dollars, to be recovered by suit. Each
operation of any such train without such inspection first having
been so made shall be a separate offense.
Acts 1911, p. 106.
Art. 6380. [6572 to 76] Full crew
No railroad company or receiver of any railroad company doing
business in this State shall run over its road, or part of its road,
outside of the yard limits:
1. Any passenger train with less than a full passenger crew
consisting of four persons: one engineer, one fireman, one
conductor and one brakeman.
2. Any freight train, gravel train or construction train with less
than a full crew consisting of five persons: one engineer, one
fireman, one conductor and two brakemen.
3. Any light engine without a full train crew consisting of three
persons: one engineer, one fireman and one conductor.
4. The provisions of this article shall not apply to nor include any
railroad company or receiver thereof, of any line of railroad in
this State, less than twenty miles in length; and nothing in
subdivisions one and two hereof shall apply in case of disability of
one or more of any train crew while out on the road between division
terminals, or to switching crews in charge of yard engines, or which
may be required to push trains out of the yard limits.
Any such company or receiver which shall violate any provision of
this article shall be liable to this State for a penalty of not less
than one hundred nor more than one thousand dollars for each
offense. Suit for such penalty shall be brought in Travis County or
in any county in or through which such line of railroad may run, by
the Attorney General, or under his direction, or by the county or
district attorney in any county in or through which such railroad
may be operated. Such suits shall be subject to the provisions of
Article 6477.
Acts 1909, p. 179.
Art. 6381. [6577 to 6580] Ash pans
No common carrier engaged in moving commerce in this State by
railroad shall use in moving such commerce in this State any
locomotive not equipped with an ash pan which can be dumped or
emptied and cleaned without the necessity of any employe going
under such locomotive. This article shall not apply to any
locomotive upon which an ash pan is not necessary by reason of the
use of oil, electricity or other such agency in such locomotive.
Any such common carrier which shall violate the provisions of this
article shall be liable to this State for a penalty of not less than
one hundred nor more than one thousand dollars for each offense.
Such penalty shall be recovered and suit brought in the name of this
State in Travis County or in any county into or through which such
carrier may be operating a line of railroad. Such suit may be
brought by the Attorney General or under his direction, or by the
county or district attorney in any such county. The same
compensation shall be allowed the attorney bringing such suit as
provided in Article 6477. "Common carrier" as used in this article
shall include the receiver or other person or corporation charged
with the duty of managing and operating the business of a common
carrier.
Acts 1909, p. 67.
Art. 6382. [6709] Brakes
No railroad engaged in intrastate commerce within this State shall
use on its lines in moving intrastate traffic within said State any
locomotive engine not equipped with a power driving wheel brake and
appliances for operating the train brake system, or run any train in
such traffic that has not sufficient number of cars in it so
equipped with power or train brakes that the engineer on the
locomotive drawing such train can control its speed without
requiring brakemen to use the common hand brake for that purpose,
nor run any train in such traffic that has not all of the power or
train brakes in it used and operated by such engineer, nor run any
train in such traffic that has not at least seventy-five per centum
of the cars in it equipped with power or train brakes; and for the
purpose of fully carrying into effect the objects of this and the
five succeeding articles, the Commission may from time to time,
after full hearing by public order, increase the minimum percentage
of cars in any train which shall be equipped with power or train
brakes; and after such minimum percentage has been so increased, it
shall be unlawful for any common carrier to run any train in such
traffic which does not comply with such increased minimum
percentage.
Acts 1909, p. 64.
Art. 6383. [6710] Improved couplers
No common carrier engaged in commerce as aforesaid shall haul or
permit to be hauled or used on its line of railroad within this
State, any locomotive, tender, car or similar vehicle employed in
moving intrastate traffic within this State which is not equipped
with couplers, coupling automatically by impact, and which can be
coupled and uncoupled without the necessity of men going between
the ends of locomotives, tenders, cars and similar vehicles.
Acts 1909, p. 64.
Art. 6384. [6711] Drawbar of engine
No common carrier engaged in commerce as aforesaid shall use in
moving intrastate traffic within this State any locomotive, tender,
car or similar vehicle, any drawbar of which, when measured
perpendicularly from the level of the tops of the track rails upon
which such locomotive, tender, car or similar vehicle is standing
to the center of such drawbar more than thirty-four and one-half
inches in height.
Acts 1909, p. 64.
Art. 6385. [6712] May refuse rolling stock
When any person, firm, company, corporation or receiver engaged in
commerce as aforesaid shall have equipped a sufficient number of
its locomotives, tenders, cars and similar vehicles so as to comply
with the provisions of this title, it may lawfully refuse to receive
from connecting lines of road or shippers, any locomotives,
tenders, cars, or similar vehicles not equipped with such power or
train brakes as will work and readily interchange with the brakes in
use on its own locomotives, tenders, cars and similar vehicles as
required by law.
Art. 6386. [6713] Rolling stock
No common carrier, engaged in commerce as aforesaid, shall use in
moving intrastate traffic within this State any locomotive, tender,
cars, or similar vehicle which is not provided with sufficient and
secure grab irons, hand holds and foot stirrups.
Acts 1909, p. 64.
Art. 6387. [6714] Penalty
Every such common carrier, whether a copartnership, a corporation,
a receiver or an individual or association of individuals,
violating any of the provisions of the five preceding articles
shall be liable to the State of Texas for a penalty of not less than
two hundred nor more than one thousand dollars for each offense.
Such penalty shall be recovered and suit brought in the name of the
State of Texas, in Travis County, or in any county into or through
which such line of railroad may run, by the Attorney General or
under his direction, or by the County or district attorney in the
county in which the suit is brought, and the attorney bringing such
suit shall receive a fee of fifty dollars for each penalty recovered
and collected by him, and ten per cent of the amount collected, to
be paid by the State, and the fees and compensation so allowed shall
not be accounted for under the general fee law.
Art. 6388. [6646] No risk assumed
Any employe of any common carrier engaged in any intrastate
commerce, as provided in the six preceding articles who may be
injured or killed shall not be held to have assumed the risk of his
employment, or to have been guilty of contributory negligence, if
the violation by such common carrier of any provision of said
articles contributed to the injury or death of such employe.
Acts 1909, p. 64.
Art. 6389. [6581-2-3] Provision for employes
Every person, corporation, or receiver, engaged in constructing or
repairing railroad cars, trucks or other railroad equipment, shall
erect and maintain a building or shed at every station or other
point where as many a five men are regularly employed on such
repair work, the building or shed to cover a sufficient portion of
its track so as to provide that all men regularly employed in the
construction and repair of cars, trucks, or other railroad
equipment shall be sheltered and protected from inclement weather.
The provisions of this article shall not apply at points where less
than five men are regularly employed in the repair service, nor at
division terminals, nor other points where it is necessary to make
light repairs only on cars, nor to cars loaded with time or
perishable freight, nor to cars when trains are being held for the
movement of said cars. Any person, corporation or receiver who
shall violate any provisions of this article shall pay to the State
a penalty of not less than fifty nor more than one hundred dollars.
Each ten days of such failure or refusal to so comply shall be
considered a separate infraction authorizing the recovery of a
separate penalty. Suit for recovery of penalty hereunder shall be
brought by the Attorney General or by the county or district
attorney of the county in which suit is brought, and the county or
district attorney, as the case may be, shall receive a fee of ten
per cent upon each penalty recovered and collected by him, and said
fee shall be over and above the fees allowed under the general fee
bill.
Acts 4th C.S.1910, p. 123.
Art. 6390. [6584] Sixteen hours
It shall be unlawful for any railroad company, or receiver of any
railroad company, operating any line of railroad in whole or in part
in this State, or any officer or agent of such railroad company or
receiver to require or permit any conductor, engineer, fireman or
brakeman to be or remain on duty for a longer period than sixteen
consecutive hours; and whenever any such conductor, engineer,
fireman or brakeman shall have been continuously on duty for
sixteen hours, he shall be relieved and shall not be required or
permitted again to go on duty until he has had at least ten
consecutive hours off duty; and no such conductor, engineer,
fireman or brakeman who has been on duty sixteen hours in the
aggregate in any twenty-four hour period shall be required or
permitted to continue or again go on duty without having had at
least eight consecutive hours off duty.
Acts 1909, p. 180.
Art. 6391. [6585] Penalties
Any railroad company, or receiver of any railroad, operating a line
of railroad in whole or in part in this State, or any officer or
agent of such railroad or receiver who shall violate any provision
of the preceding article shall be liable to a penalty to the State
of not to exceed five hundred dollars for each violation. Suit for
such penalty shall be brought in the name of the State in Travis
County, or in any county into or through which such railroad may
run, and may be brought either by the Attorney General, or under his
direction, or by the county attorney or district attorney of any
county or judicial district into or through which such railroad may
pass, and such attorney bringing any such suit shall be entitled to
one-third of any penalty recovered therein. In all prosecutions
under this and the preceding article against any railroad company,
or receiver of any railroad company, such company or receiver shall
be deemed to have had knowledge of all acts of all of its officers
and agents. The provisions of this and the preceding article shall
not apply in any case of casualty or unavoidable accident, or the
Act of God; nor where the delay was the result of a cause not known
to the carrier or its officer or agent in charge of any conductor,
engineer, fireman or brakeman at the time such conductor, engineer,
fireman or brakeman left a terminal, and which act could not have
been foreseen; nor to crews of wrecking or relief trains.
Acts 1909, p. 180.
Art. 6392. [6588] [4518] [4235] Carrying mail
Every such corporation shall, when applied to by the Postmaster
General, convey the mail of the United States on its road or roads;
and in case such corporation shall not agree as to the rate of
transportation therefor, and as to the time, rate of speed, manner
and condition of conveying the same, the Governor shall appoint
three commissioners, who, or a majority of them, after fifteen days
written notice to the corporation of the time and place of meeting,
shall determine and fix the prices, terms and conditions aforesaid;
but such price shall not be less for conveying such mails in the
regular passenger trains than the amount which such corporation
would receive as freight on a like weight of merchandise
transported in their merchandise trains and fair compensation for
the post-office car; and if the Postmaster General shall require
the mail to be carried at other hours, or at a higher speed than the
passenger train be run at, the corporation shall furnish an extra
train for the mail, and be allowed an extra compensation for the
expenses and wear and tear thereof and for the service, to be fixed
as aforesaid.
P.D. 4903.
Art. 6393. [6589] [4519] [4236] Freight depots
Railroad companies shall erect at each depot, station, or place
established by such company for the reception and delivery of
freight, suitable buildings or inclosures to protect produce,
goods, wares, and merchandise and freight of every description from
damage by exposure to weather, stock or otherwise; in default of
which such railroad company shall be liable to the owner of such
produce, goods, wares or merchandise for the amount of damages or
loss sustained by reason of such improper exposure, together with
all costs and expenses of recovering the same, including necessary
attorneys' fees.
P.D. 4923.
Art. 6394. [6590] [4520] [4237] Storage
Railroad companies shall in no case be allowed to charge storage
upon freight received by them for delivery, unless the owner or
consignee thereof neglect to remove it from the depot of the company
within three days after notice of its reception; which notice may
be given by posting the same on the depot door; and, after the
expiration of such time, the company may remove and store said
freight at the expense of the owner or consignee, and said freight
shall be held liable for the freight and charges due thereon.
P.D. 4923.
Art. 6395. [6591] [4521] [4238] Passenger depots
Every railroad company doing business in this State shall keep its
depots or passenger houses in this State lighted and warmed, and
opened to the ingress and egress of all passengers who are entitled
to go therein, for a time not less than one hour before the arrival
and after the departure of all trains carrying passengers on such
railroad; and every such railroad company, for each failure or
refusal to comply with any provision of this article shall forfeit
and pay to the State of Texas, the sum of fifty dollars, and shall be
liable to the party injured for all damages by reason of such
failure.
Acts 1891, p. 29; Sen. Jour. 1895, p. 483 No. 89; G.L. vol 10, p.
31.
Art. 6396. [6592] Water closets
All railroad and railway corporations operating a line of railway
in this State for the transportation of passengers thereon are
required to construct and maintain, and keep in a reasonably clean
and sanitary condition, suitable and separate water closets or
privies for both male and female persons at each passenger station
on its line of railway, either within its passenger depot or in
connection therewith, or within a reasonable and convenient
distance therefrom, at such station for the accommodation of its
passengers who are received and discharged from its cars thereat,
and of its patrons and employes who have business with such
railroads and corporations at such stations.
Acts 1905, p. 324; Acts 1909, p. 175.
Art. 6397. [6593] Separate closets
They shall keep said water closets and depot grounds adjacent
thereto well lighted at such hours in the night time as its
passengers and patrons at such stations may have occasion to be at
the same, either for the purpose of taking passage on its trains, or
waiting for the arrival thereof, or after leaving the same for at
least thirty minutes before the schedule time for the arrival of its
train and after the arrival thereof at said station.
Acts 1905, p. 324; Acts 1909, p. 175.
Art. 6398. [6594] Penalties
Any railroad or railway corporation which fails, neglects or
refuses to comply with the provisions of the two preceding articles
shall forfeit and pay to the State of Texas the sum of fifty dollars
for each week it so fails and neglects. The county attorney of the
county in which such station is located, and in case there is no
such county attorney, then the attorney of the district including
said county, shall, upon credible information furnished him,
institute suits in the name of the State of Texas against such
defaulting railroad or railway corporation for the recovery of said
penalties; and, in case of said recovery, the said attorney shall
be entitled to one-fourth the amount thereof as commission for his
said services, and the remainder thereof shall be paid into the road
and bridge fund of said county. The State shall in no event be
liable for any costs in such suit.
Acts 1905, p. 324; Acts 1909, p. 175.
Art. 6398a. Toilet facilities and sanitary drinking water on
engines and cabooses
Definition
Sec. 1. In this Act, "sanitary condition" means a condition of good
order and cleanliness that precludes the reasonable probability of
disease transmission.
Duties of Railroad Corporation
Sec. 2. (a) A railroad corporation that operates a line of railway
in this state shall:
(1) equip each engine and caboose that is used for the
transportation and occupation of railroad crewmen with sanitary
drinking water;
(2) retain a toilet facility on any engine or caboose that is
equipped with a toilet facility; and
(3) ensure that any toilet facilities are in a working and sanitary
condition.
(b) This Act does not require a railroad corporation to equip any
engine or caboose with a toilet facility.
Privacy
Sec. 3. Each toilet facility must provide privacy to the person
using the facility.
Regulation
Sec. 4. The Texas Department of Health shall implement and enforce
this Act and shall adopt rules necessary under this Act.
Civil Penalty
Sec. 5. (a) A railroad corporation may not violate any rules adopted
under this Act.
(b) Any railroad corporation or person who violates a rule adopted
under this Act may be assessed a civil penalty to be paid to the
State of Texas in an amount not to exceed $200 for each violation.
Each day a violation occurs is a separate violation. The attorney
general or a county or district attorney having jurisdiction in the
area in which the violation occurred may bring suit for the
violation.
Acts 1985, 69th Leg., ch. 33, Sec. 1, 2, 4, 5, eff. Sept. 1, 1985;
Sec. 3, eff. Sept. 1, 1986.
Art. 6399. [6595] [4522] [4239] Switch cars
When a company constructs a switch on its road for the accommodation
of freighters, they shall be bound to furnish a sufficient number of
cars for the transportation of freight therefrom when requested to
do so, and in default shall be subject to the same penalties as in
other cases of neglect of the like character.
Art. 6400. [6596 to 6600] 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.
Art. 6401. [6601-2] Johnson grass and thistle
If any railroad or railway company or corporation doing business in
this State shall permit any Johnson grass or Russian thistle to
mature or go to seed upon any right of way owned, leased or
controlled by it, any person owning, leasing or controlling land
contiguous to said right of way shall recover twenty-five dollars
by suit from such company or corporation, and any additional sum as
he may have been damaged by reason of said grass or said thistle
being permitted to so mature or go to seed; provided that any
person owning or controlling land contiguous to said right of way
who permits any said grass or thistle to mature or go to seed upon
said land shall have no right to such recovery.
Acts 1901, p. 283.
Art. 6402. [6603] [4528] [4245] 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. 6403. Report of animals killed
Whenever an animal is killed or found dead upon the railroad or
right of way of any railroad company in this State, the section
foreman of the railroad where said animal is killed or found dead,
shall make a description of such animal, stating its kind, the marks
and brands, color and apparent age, and any other description that
may serve to identify said animal, which description must be made
before said animal is buried or otherwise disposed of, and shall
send same to the county clerk of the county in which said animal is
found or killed within ten days from the date of finding or killing,
which description shall be by said county clerk filed and kept of
record in his office without exacting any fees from said section
foreman for filing same. A certified copy of said report so filed
may be introduced in evidence in any case wherein the killing, death
or value of said animal is in question.
Acts 1915, p. 126.
Art. 6404. [6604-5-6] Consolidation of railroad corporations
"Railroad corporation," or "other corporation," as used in this
article shall mean any corporation, company, person or association
of persons, who own or control, manage or operate any line of
railroad in this State. No railroad corporation or other
corporation, or the lessees, purchasers or managers of any railroad
corporation, shall consolidate the stocks, property, works or
franchises of such corporation with, or lease or purchase the
stocks, property, works or franchises of any railroad corporation
owning or having under its control or management a competing or
parallel line; nor shall any officer, agent, manager, lessee or
purchaser of such railroad corporation act or become an officer,
agent, manager, lessee or purchaser of any other corporation in
leasing or purchasing any parallel or competing line. No railroad
company organized under the laws of this State shall consolidate,
by private or judicial sale or otherwise, with any railroad company
organized under the laws of any other State, or of the United
States.
Acts 1887, p. 137; G.L. vol. 9, p. 935; Const. art. 10, sec. 6.
Art. 6405. [6607] [4532] [4248] Map and profile of road
Every such corporation shall, within a reasonable time after their
road shall be located, cause to be made:
1. A map and profile thereof, and of the land taken or obtained for
the use thereof, and file the same in the office of the Railroad
Commission. Every such map shall be drawn on a scale and on paper to
be designated by the Railroad Commission and certified and signed
by the president of the corporation.
2. A certificate specifying the line upon which it is proposed to
construct the railroad and the grades and curves, certified and
signed and filed as aforesaid.
3. Any railroad company failing or refusing to comply with any
provision of this article shall forfeit to the State of Texas any
sum not less than five hundred nor more than one thousand dollars;
and each day such railroad company fails or refuses to comply with
the provisions of this law shall be a separate offense.
Acts 1893, p. 169; G.L. vol. 10, p. 599.
Art. 6406. [6675] [4579] Contract of connecting lines
Any two connecting railroads may enter into a contract whereby any
part or all the passengers, freight or cars, empty or loaded, hauled
or transported by one and destined to points on or beyond the line
of the other, shall be delivered to, received and transported by the
other, which contract, however, shall be submitted to the
Commission for examination and approval, and when so approved shall
be binding, but if said contract be not approved by the Commission,
the same shall be void. Any connecting line delivering freight to
the owner or consignee of such freight may be sued by the owner
thereof in the county where the freight is delivered for any damage
that may be done to such freight in its transportation.
Acts 1891, p. 55; G.L. vol. 10, p. 57.
Art. 6407. [6608] [4535] [4251] Freight and passengers from
connecting lines
All railway companies doing business in this State shall be and they
are hereby required to receive from all railway companies with
which they may connect at the State line of this State, or at any
place within this State, or at any or all places where they may
cross the line of any other railway doing business, or operating a
line of railway in this State, all freights and passengers coming to
it from such connecting line, and destined to points on its line, or
to points beyond its line or any other line of railway with which
said line may connect or cross, and shall transport the same over
its said line to destination, if on its line, or to the next
connecting or cross line in the direction of destination, if beyond
its line, without delay or discrimination in favor of or against the
line from which such freight or passengers are received, and upon
the same terms and conditions with those made by such line for like
or similar service against any other railway in or out of this
State, with which it does business; provided, however, that the
words "without delay or discrimination," as used herein, are hereby
declared to mean that the freight received for transportation as
herein required shall be shipped in the order in which it is
received, giving preference in all cases to live stock and other
perishable freight in the order received; and the charges for the
business required by this article to be interchanged shall be no
greater pro rata per cent per mile for freight, and no greater rate
per mile for passengers and baggage, than is charged to any other
line for transporting like freight and passengers and baggage, or
than it accepts for itself when transported wholly on its own line,
no matter on what part the line or in what direction the
transporting is done.
Acts 1887, p. 110; G.L. vol. 9, p. 908.
Art. 6408. [6609] [4536] [4252] What are connecting lines
Whenever any two or more railroads doing business in this State
shall connect with each other by crossing each other's tracks or
otherwise so as to form a continuous or connected line from one
point in the State to another point in this State, such lines so
crossing are hereby declared to be connecting lines; and when such
connecting lines receive from any other railway or transportation
line passengers or freight for transportation over the combined
line at a rate or division agreed upon between themselves and such
other railway or transportation line from which the business is
received as aforesaid, then, in every such case, it shall be the
duty of such connecting railways forming such through line, and of
either or both of them, to receive from every other railway or
transportation line with which they or either of them may connect by
crossing of track or otherwise, all passengers or freight that may
be destined to points on either of the lines making up such combined
line, and transport the same to the point of destination, if on such
combined lines, or either of them, or to the next connection or
crossing in the direction of the destination of such freight or
passengers, without delay or discrimination, and at no greater rate
than is paid, and on the same conditions as is or shall be required
by such combined line for like or similar services from any other
railway or transportation line with which they or either of them
shall interchange business.
Acts 1887, p. 110; G.L. vol. 9, p. 908.
Art. 6409. [6610] [4537] [4253] Terms, etc.
Every railroad, or person, or corporation, operating a railway for
the carriage of freight and passengers in this State shall receive
freight, passengers and baggage for transportation to or into this
State, or through any part thereof, from every other connecting
railway, upon the same terms and conditions as to the division of
charges for carrying or transporting the same upon a mileage, or any
other basis, and upon terms and conditions as to bills of lading,
way bills, tickets, coupon tickets and baggage checks, that any
such person or corporation or transportation line may receive or
contract to receive from any other person or corporation engaged in
like business in this State; and, where railroads within this State
receive goods for transportation into their warehouses or depots,
they shall forward them in the order in which they are received, the
first received to be the first forwarded, without giving the
preference to one over another; and in case of failure to do so they
shall be liable for all loss occurring while the goods remain, and
for all damage occasioned or in anywise resulting from delay;
provided that the trip or voyage shall be considered as having
commenced from the time of the signing of bill of lading, and as
having ended upon the arrival of freight at point of destination,
and written notices served upon the consignee that it is ready for
delivery upon payment of freight and charges. If the consignee of
the goods fails to receive them promptly after such notice is
served, the liability of the railroads thereafter shall be the same
as that of warehousemen.
Acts 1885, p. 67; G.L. vol. 9, p. 687.
Art. 6410. [6611] Water craft freight
Each railway company doing business in this State shall be required
to receive from all steamships, steamboats and other water craft
and vessels, at their usual places for receiving such freights at
the several ports on the coast of Texas, and on the inland waterways
in this State, all freights and passengers coming to it from such
steamships, steamboats and other water craft and vessels, and
destined to points on its line or to points beyond its line, or any
other line of railway with which said line may connect or cross, and
shall transport the same over its said line to destination, if on
its line, or to the connecting or cross line in the direction of
destination, if beyond its line, without delay or discrimination in
favor of or against such steamship line, steamboat owner or
company, or the owner of any other water craft or other vessels from
whom such freight or passengers are received, and upon the same
terms and conditions with those made by such railway company for
like or similar service with any other person, steamboat company,
steamship company or owners, or any other water craft or vessel,
with which it does business at such points or stations as aforesaid.
Acts 1899, p. 101.
Art. 6411. [6612-13] Penalty
If any railroad company doing business in this State shall fail or
refuse to interchange business with any steamship line or company
or with any steamboat line or company, or any other water craft or
vessel on the same terms and conditions, or for the same
compensation or pro rata that it interchanges business with any
other steamship line or company, steamboat line or company, or any
other water craft or vessel, it shall be deemed guilty of
discrimination within the meaning of this chapter; and shall, for
every such offense, forfeit and pay to the State of Texas a penalty
of not less than five hundred nor more than five thousand dollars,
to be collected in the manner and in the courts as prescribed for
the collection of other penalties in Article 6477, and in addition
thereto shall forfeit and pay to the corporation, person or persons
aggrieved thereby, the sum of one thousand dollars as penal damages
for each act of discrimination or violation of this law which may be
recovered in the name of the corporation, person or persons so
suing. Nothing in this article shall be so construed as to prevent
the recovery of any damages by an aggrieved person, firm, or
corporation accruing by reason of the violation of this article.
This and the preceding article shall not have the effect to relieve
or waive any right of action by the State, or any other person, firm
or corporation for any right, penalty or forfeiture which has
arisen, or may arise, under any law of this State. All penalties
accruing under said articles shall be cumulative of each other, and
a suit for or recovery of one shall not be a bar to the recovery of
any other penalty.
Acts 1899, p. 101.
Art. 6412. [6414] [4538] [4254] Trustee for connecting lines
Every railway which may interchange business with any other
connecting railway under the provisions of this chapter, or
otherwise, is hereby declared to be a trustee for such connecting
railway to the extent of all sums of money received by it for the
joint business interchanged between them, and which may properly
belong to such other railway. Such sums of money shall be due and
payable from one connecting line to the other once every ninety
days; and each connecting railway shall have a lien upon the
property and franchises of the connecting railways to the extent of
the balance due each quarter, which lien shall be superior to all
other liens upon said property and franchises, save and except
laborers liens as already provided by law, and may be enforced in
any court of this State having jurisdiction by law of the subject
matter and the parties.
Acts 1887, p. 110; G.L. vol. 9, p. 908.
Art. 6413. [6615] [4539] [4255] Refusal to interchange
If any railway company doing business in this State shall fail or
refuse to interchange business with any other railway company, or
shall fail or refuse to interchange business on the same terms or
for the same pro rata that it interchanges business with any other
railway company in this State, or shall fail or refuse to honor or
receive the tickets, coupon tickets, way bills or baggage checks of
any connecting railway upon the same terms and conditions that it
receives or honors the tickets, coupon tickets, way bills, or
baggage checks of any other railway company, or shall violate in any
manner any other provision of this and the three preceding
articles, such railway company shall be deemed guilty of
discrimination within the meaning of this title, and shall forfeit
and pay to the person or corporation aggrieved thereby the sum of
one thousand dollars as penal damages for each act of
discrimination or violation of this law, which may be recovered in
the name of the person or corporation so suing. Nothing in this
article shall be so construed as to prevent the recovery of any
other damages by any aggrieved person, firm or corporation,
occurring by reason of the violation of this or the three preceding
articles.
Acts 1887, p. 112; G.L. vol. 9, p. 910.
Art. 6414. [6616-17] Service for express business
Every railroad company operating a railroad within this State shall
furnish reasonable and equal facilities and accommodations, and
upon reasonable and equal rates, to all corporations and persons
engaged in the express business, for the transportation of
themselves, agents, servants, merchandise and other property, and
for the use of their cars, depots, buildings and grounds and for
exchanges at points of junction with other roads. Any railroad
company which shall fail to comply with the provisions hereof shall
be liable to the aggrieved party, in an action for damages; and
such railway company, in addition to liability to said action for
damages, shall be subject to a writ of mandamus, to be issued by any
court of competent jurisdiction, to compel compliance with the
provisions of this article. The said writ of mandamus shall issue
at the instance of any party or corporation aggrieved by a violation
hereof, and any violation of said writ shall be punishable as a
contempt.
Acts 1887, p. 112; G.L. vol. 9, p. 910.
Art. 6415. [6637-38] Ticket agent
Each railroad company doing business in this State, or the receiver
of any such railroad company, through their duly authorized
officers, shall provide each agent who may be authorized to sell
tickets, or other evidences, entitling the holder to travel upon
any such railroad, with a certificate setting forth the authority
of such agent to make such sale. Such certificate shall be duly
attested by the corporate seal of such railroad company, or the
signature of the receiver, if any there be, of such railroad
company, or by the signature of the officer whose name is signed
upon the tickets or coupons, which such agent may be authorized to
sell. Each such ticket agent shall keep said certificate posted in
a conspicuous place in his office, and upon demand shall exhibit it
to any person desiring to purchase a ticket, or to any officer of
the law.
Acts 1893, p. 97; Acts 1903, p. 162; G.L. vol. 10, p. 527.
Art. 6416. [6618] [4542] Passenger fare
The passenger fare upon all railroads in this State shall be three
cents per mile, with an allowance of baggage to each passenger not
to exceed one hundred pounds in weight; provided, however, that,
where the fare is paid to the conductor, the rate shall be four
cents per mile, except from stations where no tickets are sold, and
that the minimum charges in no case shall be less than twenty-five
cents; and provided, further that when the passenger fare does not
end in five or naught, the nearest sum so ending shall be the fare;
provided, that in no case shall children under ten years of age be
charged a higher rate of fare than two cents per mile. Railroads
shall be required to keep their ticket offices open for half an hour
prior to the departure of trains, and upon failure to do so they
shall not charge more than three cents per mile.
Acts 1883, p. 70; G.L. vol. 9, p. 376.
Art. 6418. [6633-4] Failure to build and equip
If any railroad corporation organized under this title shall not
within two years after its articles of association shall be filed
and recorded as provided in this title, begin the construction of
its road, and construct, equip and put in good running order at
least ten miles of its proposed road, and, if any such railroad
corporation, after the first two years, shall fail to construct,
equip and put into good running order at least twenty additional
miles of its road each and every succeeding year until the entire
completion of its line, such corporation shall, in either of such
cases, forfeit its corporate existence, and its powers shall cease
as far as relates to that portion of said road then unfinished, and
shall be incapable of resumption by any subsequent act of
incorporation. The provisions of this article shall not apply to or
in any manner affect railway companies incorporated for the
construction and operation of urban, suburban and belt railroads
for a distance of less than ten miles, as provided in Chapter 1 of
this title; provided, that all such companies shall, within twelve
months from the date of their charter, complete a portion of their
road and commence and continue the running of the cars thereon.
This article shall apply as well to branch lines as to main lines of
railroads.
Acts 1876, pp. 143, 149, G.L. vol. 8, pp. 979, 985; Acts 1879, S.S.
p. 47; G.L. vol. 9, p. 79; Acts 1889, p. 17; G.L. vol. 9, p. 1045.
Art. 6418a. Relief to railway corporations failing to construct
roads
Sec. 1. That the time in which any railway corporation chartered
under the laws of the State of Texas since the first day of January,
1892, or the charter of which has been amended since that date, is
required to begin construction of its road and construct, equip and
put the same in good running order as required by Article 6418 of
the Revised Statutes of the State of Texas of 1925, be and the same
hereby is, as to any unfinished portion of such road, extended two
years from the taking effect of this Act; and any railroad company
having been chartered since January first, 1892, or the charter to
which has been amended since said date, which shall have forfeited
its corporate existence, or any of its rights and powers, or is
about to do so, by reason of the failure to comply with said Article
6418, or any part of said Article, shall have restored and preserved
to it, its corporate existence and it shall have and enjoy all the
corporate franchises, property rights and powers held or acquired
by it previous to any cause of forfeiture as aforesaid; provided
that no railway company which shall be revived or the time extended
by virtue of this Act, shall claim or exercise any franchise not
allowed, granted or permitted to other railway corporations under
the law as now in force in this State.
Sec. 2. Any railway corporation chartered since the first day of
January, A.D., 1892, and which by its original charter or by
amendment thereto, filed since said first day of January, A.D.,
1892, has further provided for the locating, constructing,
maintaining, owning and operating of any extension or branch line
or lines of railway and which has failed or is about to fail to
complete the same, or any part thereof, within the time required by
law, shall, upon payment of all its franchise tax, be and is hereby
restored to and granted all and singular the rights, privileges and
franchises acquired by its original charter, or by such amendment
to its articles of incorporation, as if the same was filed and
recorded in the office of the Secretary of State on the day of and
taking effect of this Act, and such corporation shall, upon payment
of its franchise tax, be and is hereby authorized to project,
complete, construct, own and operate any such extension and branch
line or lines of railway under and as provided for in its charter or
in any amendment to its articles of incorporation; provided, that
such extension and branch line of railway shall be by such
corporation completed and put in good running order at the rate of
at least ten miles in two years from the taking effect of this Act,
and twenty additional miles for each and every year thereafter,
until all the branch line or lines of extension as provided for are
completed; provided, that the provisions of this Act shall not
apply to any railroad company which has been chartered by the State
of Texas for a period of ten years or more, and which has twenty
miles or less of railroad to build in order to comply with its
original charter, or any amendment thereto.
Acts 1927, 40th Leg., p. 357, ch. 240.
Art. 6418b. Extension of time for construction of railroads
Sec. 1. That the time in which any railway corporation chartered
under the Laws of the State of Texas since the first day of January,
1892, or the charter of which has been amended since that date, is
required to begin construction of its road, and construct, equip,
and put the same in good running order as required by Article 6418
of the Revised Statutes of the State of Texas of 1925, be and the
same hereby is, as to any unfinished portion of such road, extended
two years from the taking effect of this Act; and any railroad
company having been chartered since January 1, 1892, or the charter
to which has been amended since said date, which shall have
forfeited its corporate existence or any of its rights and powers,
or is about to do so, by reason of the failure to comply with said
Article 6418, or any part of said Article, shall have restored and
preserved to it, its corporate existence, and it shall have and
enjoy all the corporate franchises, property rights and powers held
or acquired by it previous to any cause of forfeiture as aforesaid;
provided that no railway company which shall be revived or the time
extended by virtue of this act, shall claim or exercise any
franchise not allowed, granted or permitted to other railway
corporations under the Law as now in force in this State.
Sec. 2. Any railway corporation chartered since the first day of
January, A. D. 1892, and which by its original charter or by
amendment thereto, filed since said first day of January A. D. 1892,
has further provided for the locating, constructing, maintaining,
owning and operating of any extension or branch line or lines of
railway, and which has failed or is about to fail to complete the
same, or any part thereof, within the time required by Law, shall,
upon payment of all its franchise tax, be and is hereby restored to
and granted all and singular the rights, privileges and franchises
acquired by its original charter, or by such amendment to its
Articles of Incorporation, as if the same was filed and recorded in
the office of the Secretary of State on the day of the taking effect
of this Act, and such corporation shall, upon payment of its
franchise tax, be and is hereby authorized to project, complete,
construct, own and operate any such extension and branch line or
lines of railway under and as provided for in its charter or in any
amendment to its Articles of Incorporation; provided, that such
extension and branch line of railway shall be by such corporation
completed and put in good running order at the rate of at least ten
miles in two years from the taking effect of this Act, and twenty
additional miles for each and every year thereafter, until all the
branch line or lines of extension as provided for are completed;
provided that the provisions of this Act shall not apply to any
railroad company which has been chartered by the State of Texas for
a period of ten years or more, and which has twenty miles or less of
railroad to build in order to comply with its original charter, or
any amendment thereto.
Acts 1929, 41st Leg., p. 663, ch. 296.
Art. 6419. [6636] [4560] [4280] Neglect to make annual report
Any railroad corporation which shall neglect to make the annual
report required by this title to the Comptroller or Governor and
which has been notified by the Comptroller or Governor of such
failure and shall still neglect to make such report within three
months after such notice shall forfeit its charter.
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.
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 division of
emergency management of the office of the governor.
(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.
