Texas § TN.545.251 - OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT

§ TN.545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT

OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT. (a) An operator approaching a railroad grade crossing shall stop not closer than 15 feet or farther than 50 feet from the nearest rail if: (1) a clearly visible railroad signal warns of the approach of a railroad train or other on-track equipment; (2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment; (3) a railroad engine or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the engine or other equipment is an immediate hazard because of its speed or proximity to the crossing; (4) an approaching railroad train or other on-track equipment is plainly visible to the operator and is in hazardous proximity to the crossing; or (5) the operator is required to stop by: (A) other law; (B) a rule adopted under a statute; (C) an official traffic-control device; or (D) a traffic-control signal. (b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until permitted to proceed and it is safe to proceed. (c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a flagger warning of the approach or passage of a train or other on-track equipment shall yield the right-of-way to a train or other on-track equipment in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions. If required for safety, the operator shall stop at a clearly marked stop line before the grade crossing or, if no stop line exists, not closer than 15 feet or farther than 50 feet from the nearest rail. (d) An operator commits an offense if the operator drives around, under, or through a crossing gate or a barrier at a railroad crossing while the gate or barrier is closed, being closed, or being opened. (e) In a prosecution under this section, proof that at the time of the offense a train or other on-track equipment was in hazardous proximity to the crossing and that the train or other equipment was plainly visible to the operator is prima facie evidence that it was not safe for the operator to proceed. (f) An offense under this section is punishable by a fine of not less than $50 or more than $200, except that the offense is punishable by a fine of not less than $100 or more than $400 if it is shown on the trial of the offense that the operator disregarded a warning given by a flagger under Subsection (a)(2). Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.107(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1097, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 128 (H.B. 1759 ), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 128 (H.B. 1759 ), Sec. 3, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 872 (S.B. 2129 ), Sec. 1, eff. September 1, 2025.