Sec. 471.007. OBSTRUCTING RAILROAD CROSSINGS; OFFENSE

(a) A railway company commits an offense if a train of the railway company obstructs for more than 10 minutes a street, railroad crossing, or public highway.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $300.

(c) An officer charging a railway company for an offense under this section shall prepare in duplicate a citation to appear in court and attach one copy of the citation to the train or deliver the copy to an employee or other agent of the railway company. The citation must show:

(1) the name of the railway company;

(2) the offense charged; and

(3) the time and place that a representative of the railway company is to appear in court.

(d) It is a defense to prosecution under this section that the train obstructs the street, railroad crossing, or public highway because of an act of God or breakdown of the train.

(e) The hearing must be before a magistrate who has jurisdiction of the offense in the municipality or county in which the offense is alleged to have been committed.

(f) An appearance by counsel complies with the written promise to appear in court.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1023, Sec. 1, eff. Sept. 1, 1999.