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  89R13389 RDR-D     By: King H.B. No. 4207       A BILL TO BE ENTITLED   AN ACT   relating to obstructing a railroad crossing and the liability of a   railway company for such an obstruction; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 471, Transportation Code, is amended by   adding Section 471.007 to read as follows:           Sec.   471.007.     OBSTRUCTING RAILROAD CROSSINGS AND RELATED   LIABILITY; CIVIL PENALTY. (a) Except as otherwise provided by this   section, a train of a railway company may not obstruct a street,   railroad crossing, or public highway for a period of 30 minutes or   more.           (b)     A railway company that violates Subsection (a) is liable   for a civil penalty not to exceed $10,000 for each hour that the   violation continues.           (c)     It is a defense to liability for a violation under this   section that the train obstructs the street, railroad crossing, or   public highway because of an act of God or a breakdown of the train.           (d)     The county in which the violation occurs shall issue a   written notice of violation to the railway company.   The   appropriate district or county attorney may bring an action on   behalf of this state to collect a civil penalty under this section.           (e)     The district or county attorney shall deposit a civil   penalty in the state treasury to the credit of the general revenue   fund.           (f)     A railway company that violates this section is liable   to an individual who is harmed by a delay of emergency services   caused by the violation.   A court shall award a claimant who   prevails in an action brought under this subsection:                 (1)  actual damages; and                 (2)     court costs and reasonable attorney's fees   incurred in bringing the action.          SECTION 2.  Section 471.007(f), Transportation Code, as   added by this Act, applies only to a cause of action that accrues on   or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.