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Section 2: Authority and Policy

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Introduction

This section lists statutes and policy instruments pertaining to operations between TxDOT and railroad companies at highway-railroad grade crossings. Copies of these documents (except for the statutes) and other historical information on the origin of these programs may be obtained from the Traffic Operations Division (TRF).

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Governing Statutes (summaries)

The following state laws (codified in Vernon’s Texas Civil Statues [V.T.C.S.]) pertain to operations between TxDOT and a railroad company at highway-railroad grade crossings. Brief summaries of each article are provided.

  • Art. 6320, V.T.C.S. Streams of Water. When a railroad company approaches TxDOT proposing to cross an existing roadway on the designated state highway system, all costs associated with the proposed crossing shall be paid by the railroad company. This normally only occurs when a railroad company desires to construct a spur track across an existing roadway on the state highway system. (See Chapter 4 of this volume for information on spur track permit agreements.)
  • Art. 6327, V.T.C.S. Crossings of Public Roads. When TxDOT approaches a railroad company proposing to cross an existing rail line or modify an existing crossing, all costs associated with the crossing shall be paid by TxDOT from state or federal funds or both. This statute also requires a railroad company to maintain crossings in a reasonable state to permit the passage of vehicles.
  • Transportation Code, Section 471.002: “Signs at Cross-roads.” Requires railroad companies to erect a sign (crossbuck signs) with large, distinct letters giving notice to the proximity of the railroad and warning persons of the necessity to look out for the railroad trains.
  • Transportation Code, Section 471.004: “Warning Sign Visibility at Railroad Grade Crossings.” Requires TxDOT to place retroreflectorized material on the back of each crossbuck sign and around the support post at each public railroad grade crossing to improve nighttime visibility. See also Texas Administrative Code (TAC), 43 TAC, Sections 25.70 – 25.73.
  • Transportation Code, Section 471.005: “Dismantling of Railroad Grade Crossing Warning Signals Located on an Active Rail Line.” Requires operators of short line railroad companies to obtain a permit from the responsible road authority prior to dismantling railroad grade crossing warning signals located on an active rail line. For more information, see Texas Administrative Code (TAC), 43 TAC Sections 25.70 – 25.73.
  • Transportation Code, Section 545.252. Gives TxDOT and local governments specific statutory authority to place traffic control devices at grade crossings on the roads they maintain, but no duty or minimum standards are imposed.
  • Transportation Code, Section 471.003: “Telephone Service to Report Malfunctions of Mechanical Safety Devices at Crossings.” Requires TxDOT to furnish and install railroad signal malfunction signs providing the telephone number, explanation of its purpose, and the crossing number at each intersection of a railroad track and a public road maintained by the state or a municipality. At each intersection of a railroad track and a public road not maintained by the state or a municipality (county roads), TxDOT shall furnish the political subdivision the sign to affix to the railroad signal device. A railway company shall permit personnel to affix the sign to the railroad warning device located on the company’s property.
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Policy Instruments

The following policy instruments pertain to railroad grade crossings:

  • Texas Transportation Commission Minute Order No. 74227, dated March 27, 1978, (canceled Minute Order No. 60140). Re-authorized the annual state funded grade crossing protection program and increased the unit cost of the railroad signal maintenance payment program.
  • Texas Transportation Commission Minute Order No. 106784, dated March 28, 1996. Authorized use of federal railroad signal program funds to make roadway and operational improvements to address changed traffic flow patterns resulting from closings of railroad grade crossings rather than installing active warning devices.
  • Texas Transportation Commission Minute Order No. 107279, dated September 25, 1997. Established goals for TxDOT’s railroad safety program and all projects involving the upgrade of highway-rail intersections.
  • The Texas Manual on Uniform Traffic Control Devices (TMUTCD). Applicable portions include (but are not limited to) Part VIII, “Grade Crossings.”
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Texas Attorney General Opinions

The following Texas Attorney General opinions pertain to railroad grade crossings:

  • Texas Attorney General Opinion No. M-525. Re: Authority of State Highway Department [now TxDOT] to make expenditures request to qualify for projects under 23 U.S.C. Section 405, dated February 13, 1976. TxDOT authority to expend state matching funds for federal-aid railroad grade crossing warning signal projects off the state highway system.
  • Texas Attorney General Opinion No. M-108. Re: Validity of appropriation to the Texas Highway Department [now TxDOT] to construct and maintain railroad protective devices, dated July 24, 1967. Authority to expend state funds on railroad grade crossing projects on the designated state highway system (non-federal-aid projects).
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Federal Policy

The Federal-Aid Policy Guide (FAPG) Title 23, CFR Part 140, Subpart I and 23 CFR, Part 646, Subpart A & B. All projects undertaken by TxDOT and agreements with railroads where federal funds will be used shall meet the requirements of the FAPG.

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Railroad Practices

TxDOT complies with the following railroad practices pertaining to railroad grade crossings:

  • TxDOT complies with the practices found in the Association of American Railroads, Communication and Signal Division, Signal Manual of Recommended Practice, Volume 1, Section 3, “Highway Grade Crossing Warning Systems.”
  • The Railroad-Highway Grade Crossing Handbook — Second Edition, published by the U.S. Department of Transportation, Federal Highway Administration, provides general information on highway-rail grade crossing characteristics and the physical and operational improvements that can be made to enhance safety and operation of both highway and rail traffic over crossing intersections. The guidelines and alternative improvements presented in the handbook have proven to be effective and are accepted nationwide.
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