VERNON'S TEXAS CIVIL STATUTES
CHAPTER 15. VIADUCTS
Art. 6555. Certain cities may contract
All cities acting under special charters granted by the legislature
are hereby granted all necessary rights and powers to carry out and
comply with existing contracts or to hereafter make contracts with
railway companies owning or operating tracks in such cities, to
erect and complete by such railway companies, all necessary
viaducts, the construction and completion of which shall be at the
expense of such railway companies, according to plans and
specifications agreed upon between such companies and such cities.
Acts 1911, p. 235.
Art. 6556. May close streets
All such cities are hereby given authority to abolish and close such
portions of any highway, street or alley crossed by railroad
tracks, as such cities have or may agree to close and abolish, in
consideration of procuring the erection and completion of any
viaduct by any railway company or companies.
Acts 1911, p. 235.
Art. 6557. May issue bonds
Such cities are hereby given full power and authority to issue
improvement bonds to be designated "viaduct bonds" to an amount not
exceeding ten thousand dollars for the purpose of raising
sufficient funds to pay for the right of way for a viaduct, over
such property or may not be owned by such cities or by any of the
railway companies affected, and to pay such damages, if any, which
may be sustained by abutting property owners. The question of
issuance of said bonds shall be submitted to a vote of the property
tax paying voters, and shall be carried by a majority vote of said
voters, such election being called as is provided for on other
questions in the charters of cities desiring an election on said
bonds. In addition, such cities are hereby given authority to give
railroad companies the use of any portion of its streets, highways
and alleys as may be necessary for a right of way for viaducts.
Acts 1911, p. 235.
Art. 6558. Condemnation
All such cities are hereby given the right of eminent domain and the
power and authority to condemn all land necessary for right of way
purposes for viaducts and approaches to same forming a necessary
part of such viaduct.
Acts 1911, p. 235.
Art. 6559. May enforce contracts
All such cities are hereby given the right and power to compel the
construction and completion of such viaducts as railway companies
have by contract agreed with any such city to construct and complete
or which any railway company or companies may hereafter agree to
construct and complete, by mandamus proceedings in the district
court of the county where such viaduct or viaducts are to be
completed or through any other lawful means.
Acts 1911, p. 235.
Art. 6559a. Height of bridges or viaducts
All bridges, viaducts, overheadways, foot bridges, wires or other
structures hereafter built over the tracks of a railway, or over the
tracks of railroads, by the State, or by a county, municipality, a
railroad company or other corporation, firm, partnership, or
natural person, shall be placed not less than twenty-two (22) feet
in the clear from the top of the rails of such track or tracks to
such structure or wire, or to the bottom of the lowest sill, girder
or crossbeam, the lowest downward projection on the bridge,
viaduct, overheadway, or foot bridge or other structure.
Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 32, Sec.
1.
Art. 6559b. Structures near tracks
All loading platforms and all houses and structures, and all
fences, and all lumber, wood and other materials hereafter built,
placed or stored along the railroads of this State, either on or
near the right of way of the main lines, or on or near any spur,
switch or siding of any such railroad, shall be so built,
constructed, or placed that there shall be not less than eight and
one-half (8-1/2) feet space from the center of such main line, spur,
switch or siding to the nearest edge of the platform, or to the wall
of the building, or to the lumber, wood, or other material.
Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 32, Sec.
2.
Art. 6559c. Roof projections over tracks
All roof projections hereafter constructed from any loading
platform along any railroad main track, or spur, switch, or siding
track shall be not less than twenty-two (22) feet above the rails of
such track, and the other edge of said roof projection shall be not
less than eight and one-half (8-1/2) feet horizontally from the
center of said track.
Inserted by compiler from Acts 1825, 39th Leg., ch. 11, p. 32, Sec.
3.
Art. 6559d. Not applicable when
The provisions of this Act shall not apply to nor prevent the
building, placing, constructing or completing of structures or
other things enumerated in Sections One, Two and Three, when same
are being built, placed, or are in the courses of construction at
the time this Act takes effect, or if material has been purchased
for such placing, building, or construction at the time this Act
takes effect, pursuant to prior contracts or plans.
Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33, Sec.
3a.
Art. 6559e. Penalty recoverable by Attorney General
If any railway company or other corporation, firm, partnership, or
person shall hereafter erect any structure or wire in violation of
any provision of this Act, or shall hereafter in any manner violate
any provision of this Act, it shall be the duty of the Attorney
General immediately to file a suit in court of competent
jurisdiction, to collect a penalty, which is hereby prescribed of
not less than one hundred ($100.00) dollars nor more than one
thousand ($1,000.00) dollars for each violation of this Act; and
the Attorney General may, in his discretion, sue in one proceeding
for all violations of this Act by any one railway company or other
corporation, firm, partnership or person. Provided further, that
the said penalty shall accrue for each day such structure, wire,
lumber, wood or other material is permitted to remain in violation
of this Act, and each day same is permitted to remain, constitutes a
separate violation of this Act.
Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33, Sec.
4.
Art. 6559f. Regulation by Commission
It is hereby made the duty of the Railroad Commission to promulgate
rules and regulations in accordance with this Act. It is further
provided that upon application regularly made and filed, and after
notice to the Attorney General, the Railroad Commission may, for
good cause shown, permit any railway company or other corporation,
firm, partnership, or person, or any county or municipality to
deviate from the terms of this Act in accordance with an order of
the Commission made and entered; and in such event the corporation,
firm, partnership, or person acting in accordance with the order of
the Railroad Commission so made shall not be deemed to have violated
this Act.
Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33, Sec.
5.
Art. 6559g-1. 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 lessee, 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. Any officer, director, manager,
superintendent, agent, purchaser or lessee of any such railroad
corporation, or other corporation, who violates or aids in
violating any provision of this article shall be fined not less than
one thousand dollars nor more than four thousand dollars.
Indictments and prosecutions under this article may be found and
made in any county through or into which the line of railroad may
run.
Acts 1887, p. 137.
Art. 6559g-2. Exceptions
The preceding article shall not apply to one who has not by virtue
of his office, agency, or position, a voice in the management of the
railway company, or who has not, by virtue of his office, agency or
position, some power to prevent a violation of such law.
Acts 1887, p. 137.
Art. 6559h-1. Station to bear name of post office
Any officer, agent or representative of any corporation or receiver
operating any line of railroad in whole or in part within this State
who shall retain, maintain or establish a name for any railway
station or depot in any incorporated or unincorporated town or city
within this State other than the name of the town or city which has
and bears the name of its post office so given by the United States
Government shall be fined not less than two hundred nor more than
five hundred dollars, or be imprisoned in jail not less than thirty
nor more than ninety days, or both. The venue shall be in the county
where the station in question is located.
Acts 1909, p. 89.
Art. 6559h-2. Exceptions
The preceding article shall not apply to two or more incorporated or
unincorporated towns or cities which now are situated within five
miles of each other, and which each have therein established a post
office named and designated by the United States Government, nor to
those cases where the post office name is so similar in sound or
otherwise to that of some other station upon such railroad as that
confusion in train orders and directions may arise therefrom.
Where the name of such place is changed by the Federal postal
department such railway shall not be required to again change the
name of its station.
Acts 1909, p. 89.
Art. 6559h-3. To do repair work in state
All railroad corporations operating in, and having their repair
shops within this State, are required to repair, renovate or
rebuild in this State all defective or broken cars, coaches,
locomotives or other equipment, owned or leased by said corporation
in this State, when such rolling stock is within the State, and
shall be prohibited from sending or removing any such rolling stock
out of this State to be repaired, renovated or rebuilt, when the
same is in a defective or broken condition, and within this State,
when such railway shall have, or be under obligation to have proper
facilities in this State to do such work. Any lessee, receiver,
superintendent or agent of such railway corporation who violates
any provision of this article shall be fined not less than one
hundred nor more than five hundred dollars.
Acts 1909, p. 73.
Art. 6559h-4. Exceptions
The preceding article does not apply to companies having less than
sixty continuous miles of railroad in operation in this State, nor
in case of strike, fire or other unforeseen casualties and
emergencies; and is not to be construed to require a violation of
the Federal safety appliance law; and no railway shall be required
to haul such disabled equipment a greater distance for repairs at a
point within this State than would be necessary to reach their
repair shops in another State.
Acts 1909, p. 73.
Art. 6559h-5. Air brake inspection
The air brakes and air brake attachments on each train in this State
must be inspected by a competent inspector before such train leaves
its division terminal. Whoever operates or causes to be operated
any such train without such inspection shall be fined not less than
fifty nor more than one hundred dollars.
Acts 1911, p. 106, ch. 63, Sec. 1.
Art. 6559h-6. Exceptions to brake inspection
The preceding article shall not apply to tram roads engaged in
hauling logs to a sawmill, nor to railroads under forty miles in
length.
Acts 1911, p. 106, ch. 63, Sec. 1, 2.
Art. 6559h-7. Using tracks to repair cars
No person, 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 person
operating any railroad, machine shop or other concern engaged in
the repairing or manufacture of cars in this State who shall violate
this law shall be fined 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. 6559h-8. Duty of train dispatcher
The train dispatcher shall keep all agents at stations having
telegraph offices in or near them informed of the movement of each
passenger train one hour prior to the time such train is due,
according to the published schedule, at such stations. If any such
passenger train is delayed for more than one hour, according to said
published schedule, then it shall be the duty of such train
dispatcher to inform such local agent how late said train is and the
last telegraph station passed. If such train dispatcher shall fail
or refuse to furnish such information, he shall be fined not less
than fifty nor more than two hundred dollars for each offense.
Acts 1903, 1st C.S., p. 21, ch. 11. Amended by Acts 1913, p. 318,
ch. 148, Sec. 2.
Art. 6559h-9. Failing to bulletin passenger train
Every railroad agent at stations having telegraphic communication
with the train dispatcher of the railroad, shall ascertain one hour
before the schedule time of the arrival of passenger trains, if such
train is on time, and if on time, bulletin that fact on a board
provided by the company and placed in some conspicuous place at the
passenger station. If the train is late, such agent shall bulletin
how late, and the last telegraph station passed by such train. If
later than one hour, said agent shall thereafter ascertain the
latest news from such train dispatcher, or some other reliable
source, every hour, and bulletin such information and the time of
the probable arrival of such train. If such agent shall fail or
refuse to perform any duty required of him by this article, he shall
be fined not less than fifty nor more than one hundred dollars for
each offense.
Acts 1903, p. 162, ch. 107. Amended by Acts 1913, p. 350.
Art. 6559h-10. Animal found dead along railroad
Whenever any animal is killed or found dead upon the roadbed 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 take and 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 taken and made before said animal be buried or
otherwise disposed of, and shall transmit 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 the section foreman for filing same, and any
person violating any of these provisions shall be fined not less
than five nor more than twenty-five dollars.
Acts 1915, p. 126, ch. 73, Sec. 1, 2.
Art. 6559h-11. Failure to stop at crossings
(a) The engineer in charge of a locomotive engine when approaching a
place where two lines of railway cross shall, before reaching the
railway crossing bring the engine to a full stop, except as provided
by Subsection (b) of this section.
(b) Subsection (a) of this section does not apply at a railway
crossing at which an interlocking switch and signal apparatus is
installed, or a flagger is present.
(c) The engineer in charge of the locomotive engine commits an
offense if the engineer violates Subsection (a) of this section.
(d) An offense under this section is a misdemeanor punishable by a
fine of not less than $5 or more than $100.
Acts 1893, p. 87. Amended by Acts 1931, 42nd Leg., p. 184, ch. 107,
Sec. 2; Acts 1941, 47th Leg., p. 349, ch. 189, Sec. 2; Acts 1995,
74th Leg., ch. 165, Sec. 17, eff. Sept. 1, 1995.
Art. 6559i-1. Refusal to permit inspection
Any officer, agent or employe of any railroad company who shall,
upon proper demand, fail or refuse to exhibit to any member of the
Railroad Commission of Texas or any person authorized to
investigate the same, any book or paper of such railroad company,
which is in the possession or under the control of such officer,
agent, or employe, shall be fined not less than one hundred and
twenty-five dollars nor more than five hundred dollars.
Acts 1891, p. 60.
Art. 6559i-2. Refusal to answer
If any officer or employe of a railroad company shall fail or refuse
to fill out and return any blanks to said Railroad Commission as
provided by law, or fail or refuse to answer any question therein
propounded, or give a false answer to any such question, where the
fact inquired of is within his knowledge, or shall evade the answer
to any such question, such person shall be fined five hundred
dollars for each day he shall fail to perform such duty, after the
expiration of the time allowed by law to so answer.
Acts 1891, p. 60.
Art. 6559i-3. False billing or classification
Any officer or agent of any railroad subject to the jurisdiction of
the Railroad Commission, who by means of false billing, false
classification, false weight, or by any other device, shall suffer
or permit any persons to obtain transportation for property at less
than the regular rates then in force on such railroad, or who by
means of false billing, false classification, false weighing, or by
any device whatever shall charge any person, firm or corporation
more for the transportation of property than the regular rates,
shall be fined not less than one hundred nor more than one thousand
dollars.
Acts 1891, p. 60.
Art. 6559i-4. "Unjust discrimination"
If any officer, agent, clerk, servant or employe, or any receiver,
or his servant, agent or employe, of any railroad company in this
State shall, directly or indirectly, or by any special rate,
rebate, drawback, or other device, for, and on behalf of such
railroad company, knowingly charge, demand, contract for, collect
or receive from any person, firm or corporation a greater or less
compensation for any service rendered, or to be rendered, by any
such railroad company than such railroad company, or its said
officers, agents, clerks, servants or employes, or receiver
thereof, charges, demands, contracts for, collects or receives from
any other person, firm or corporation for doing a like and
contemporaneous service, or if any officer, agent, clerk, servant
or employe, or receiver, or his agents, servants or employes, of any
railroad company in this State, shall, on behalf of such railroad
company, make or give any undue or unreasonable preference or any
advantage to any particular person, company, firm, corporation or
locality, as to any service rendered or to be rendered by such
railroad company, or shall subject any particular description of
traffic on such railroad company to any undue or unreasonable
prejudice, delay or disadvantage in any respect whatever, such
officer, clerk, servant or employe, or receiver, his agents,
servants or employes, of such railroad company, shall be confined
in the penitentiary not less than two nor more than five years.
Acts 1899, p. 203.
Art. 6559i-5. Not applicable; when
Nothing herein shall prevent the carriage, storing or handling, by
railroad companies in this State, or by their agents, officers,
clerks, servants and employes, of freight free or at reduced rates,
or to prevent railroads, their agents, employes and officers, from
giving free transportation or freight rates to any railroad
officers, agents, employes, attorneys, stockholders or directors,
or to any other officer or person, when permitted by the laws of
this State.
Acts 1899, p. 203.
Art. 6559i-6. Persons compelled to testify
Any court, officer or tribunal having jurisdiction of any offense
mentioned in article 1687, or any district or county attorney may
subpoena persons and compel their attendance as witnesses to
testify as to any violation of said article; and any person so
summoned and examined shall not be liable to prosecution for any
offense by reason of violation of said article about which he may
testify; and for any offense by reason of violation of said
article, a conviction may be had upon the unsupported evidence of an
accomplice or participant.
Acts 1899, p. 203.
Art. 6559i-7. False statement to secure bond registration
Each railroad director, president, secretary or other official who
shall knowingly make any false statement upon which to secure the
registration of any bond or other evidence of debt, as required by
the law regulating the issuance of stocks and bonds, or who shall by
false statement knowingly made procure of the Railroad Commission
direction to the Secretary of State to register the same, and which
shall be by the Secretary of State registered, or shall with
knowledge of such fraud negotiate or cause to be negotiated any such
bond or other security issued in violation of law, shall be confined
in the penitentiary not less than two nor more than fifteen years.
Acts 1893, p. 59.
