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Crossing Treatment Procedures

State Laws and Regulations

Arts. 6326, 6327. Repealed by Acts 2009, 81st Leg., ch. 85, § 5.01(a)(1), eff. April 1, 2011

Arts. 6321 to 6325. Repealed by Acts 2007, 80th Leg., ch. 1115, § 5(6)(A), eff. Sept. 1, 2007

  • 317.003. Authority Regarding Facilities

(a) To decrease hazards to life or property, promote public safety or convenience, improve traffic conditions, or encourage the orderly development of the municipality, a municipality may acquire, construct, improve, enlarge, extend, maintain, repair, or replace a facility.

(b) Activities authorized by Subsection (a) include:

(1) removing and relocating railroad tracks, a utility line or pipe, or another improvement;

(2) removing or demolishing a building or another improvement;

(3) paying for damage to other property in connection with an activity described by that subsection; or

(4) improving a street in connection with an activity described by that subsection.

Tex. Transp. Code Ann. § 317.003

  • 471.001. Duty to Maintain Crossings

(a) A railway company shall maintain the part of its roadbed and right-of-way that is crossed by a public street of a Type B general-law municipality in proper condition for use by travelers.

(b) A railway company that does not make needed repairs before the 31st day after the date the municipal marshal gives written notice to the section boss of the section where repairs are needed is liable to the municipality for a penalty of $25 for each week the railway company does not make needed repairs. The municipality may sue to recover the penalty.

Tex. Transp. Code Ann. § 471.001

  • 91.035. Use of Facilities Belonging to Public or Private Entity

(a) The department, for the purpose of acquiring, constructing, maintaining, and operating freight or passenger rail facilities and systems in this state, may:

(1) use a street, alley, road, highway, or other public way of a municipality, county, or other political subdivision with the consent of that political subdivision; and

(2) at the expense of the department, relocate, raise, reroute, or change the grade of the construction of a street, alley, highway, road, railroad, electric line and facility, telegraph and telephone property and facility, pipeline and facility, conduit and facility, and other properties, whether publicly or privately owned, as necessary or useful in the construction, maintenance, and operation of a rail facility or system.

(b) The department shall provide reasonable notice to the owner of the applicable facility of the need for the alteration under Subsection (a)(2) and allow that owner the opportunity to complete the alteration.

Tex. Transp. Code Ann. § 91.035

Blocked Crossings

State Laws, Regulations, and Penalties

  • § 471.006 to 471.008. Repealed by Acts 2015, 84th Leg., ch. 802 (H.B. 2946), § 1, eff. June 17, 2015

Tex. Transp. Code Ann. § 471.006

Warning Devices-Passive

State Laws and Regulations

  • 471.002. Signs at Crossings

(a) A railway company shall place at each place where its railroad crosses a first or second class public road a sign with large and distinct letters giving notice that the railroad is near and warning persons to watch for railroad cars. The sign must be high enough above the road to permit the free passage of vehicles.

(b) A railway company that does not erect a sign required by Subsection (a) is liable for a resulting injury to a person or resulting damage to property.

Tex. Transp. Code Ann. § 471.002

  • 471.004. Warning Sign Visibility at Railroad Grade Crossings

(a) The department shall develop guidelines and specifications for the installation and maintenance of reflecting material at each unsignaled crossing. The material shall be affixed to the back and support post of each crossbuck in a manner that reflects light from vehicle headlights to focus attention on the presence of the unsignaled crossing.

(b) The department shall pay the cost of initial installation of reflecting material from money appropriated to the department to maintain grade crossing warning devices. The department or the local jurisdiction responsible for maintaining the roadway at each grade crossing shall pay the maintenance costs of the material.

(c) The state, an agency or political subdivision of the state, or a railway company is not liable for damages caused by an action taken under this section or failure to perform a duty imposed by this section. Evidence may not be introduced in a judicial proceeding that reflecting material exists or that the state or railway company relies on the material.

(d) The department shall adopt rules governing the installation and maintenance of reflecting material at grade crossings.

(e) A railway company shall permit department personnel to affix the reflecting material on the company’s property.

(f) In this section:

(1) “Active warning device” means an automatically activated warning device, including a bell, flashing light, gate, or wigwag.

(2) “Crossbuck” means a standard grade crossing warning sign designated as Number R 15-1 and described in the Manual of Uniform Traffic Control Devices issued by the United States Department of Transportation, Federal Highway Administration.

(3) “Department” means the Texas Department of Transportation.

(4) “Grade crossing” means the intersection at grade of a railroad and a roadway constructed and maintained with public money.

(5) “Reflecting material” means material that reflects light so that the paths of the reflected light rays are parallel to those of the incident rays.

(6) “Unsignaled crossing” means a grade crossing not protected by active warning devices.

(7) “Warning device” means a traffic control sign, including an active warning device or crossbuck, the purpose of which is to alert motorists of a grade crossing.

Tex. Transp. Code Ann. § 471.004

Art. 6370c. Repealed by Acts 2009, 81st Leg., ch. 85, § 5.01(a)(1), eff. April 1, 2011

Tex. Rev. Civ. Stat. Ann. art. 6370c

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

  • § 471.006 to 471.008. Repealed by Acts 2015, 84th Leg., ch. 802 (H.B. 2946), § 1, eff. June 17, 2015

Tex. Transp. Code Ann. § 471.006

Warning Devices- Active

State Laws and Regulations

  • 471.003. Repealed by Acts 2015, 84th Leg., ch. 802 (H.B. 2946), § 1, eff. June 17, 2015

Tex. Transp. Code Ann. § 471.003

Private Crossings

State Laws and Regulations

No applicable statute relating to this topic.

Vegetation Clearance

State Laws, Regulations, and Penalties

No applicable statute related to this topic.