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Statutes > Texas > Vernon-s-civil-statutes > Title-112-railroads > Chapter-15-viaducts

VERNON'S CIVIL STATUTES

TITLE 112. RAILROADS

CHAPTER 15. VIADUCTS

Art. 6559a. HEIGHT OF BRIDGES OR VIADUCTS. All bridges,

viaducts, overheadways, foot bridges, wires or other structures

hereafter built over the tracks of a railway, or over the tracks

of railroads, by the State, or by a county, municipality, a

railroad company or other corporation, firm, partnership, or

natural person, shall be placed not less than twenty-two (22)

feet in the clear from the top of the rails of such track or

tracks to such structure or wire, or to the bottom of the lowest

sill, girder or crossbeam, the lowest downward projection on the

bridge, viaduct, overheadway, or foot bridge or other structure.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 32,

Sec. 1.

Art. 6559b. STRUCTURES NEAR TRACKS. All loading platforms and

all houses and structures, and all fences, and all lumber, wood

and other materials hereafter built, placed or stored along the

railroads of this State, either on or near the right of way of

the main lines, or on or near any spur, switch or siding of any

such railroad, shall be so built, constructed, or placed that

there shall be not less than eight and one-half (8-1/2) feet

space from the center of such main line, spur, switch or siding

to the nearest edge of the platform, or to the wall of the

building, or to the lumber, wood, or other material.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 32,

Sec. 2.

Art. 6559c. ROOF PROJECTIONS OVER TRACKS. All roof projections

hereafter constructed from any loading platform along any

railroad main track, or spur, switch, or siding track shall be

not less than twenty-two (22) feet above the rails of such track,

and the other edge of said roof projection shall be not less than

eight and one-half (8-1/2) feet horizontally from the center of

said track.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 32,

Sec. 3.

Art. 6559d. NOT APPLICABLE WHEN. The provisions of this Act

shall not apply to nor prevent the building, placing,

constructing or completing of structures or other things

enumerated in Sections One, Two and Three, when same are being

built, placed, or are in the courses of construction at the time

this Act takes effect, or if material has been purchased for such

placing, building, or construction at the time this Act takes

effect, pursuant to prior contracts or plans.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33,

Sec. 3a.

Art. 6559e. PENALTY RECOVERABLE BY ATTORNEY GENERAL. If any

railway company or other corporation, firm, partnership, or

person shall hereafter erect any structure or wire in violation

of any provision of this Act, or shall hereafter in any manner

violate any provision of this Act, it shall be the duty of the

Attorney General immediately to file a suit in court of competent

jurisdiction, to collect a penalty, which is hereby prescribed of

not less than one hundred ($100.00) dollars nor more than one

thousand ($1,000.00) dollars for each violation of this Act; and

the Attorney General may, in his discretion, sue in one

proceeding for all violations of this Act by any one railway

company or other corporation, firm, partnership or person.

Provided further, that the said penalty shall accrue for each day

such structure, wire, lumber, wood or other material is permitted

to remain in violation of this Act, and each day same is

permitted to remain, constitutes a separate violation of this

Act.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33,

Sec. 4.

Art. 6559f. REGULATION BY COMMISSION. It is hereby made the duty

of the Railroad Commission to promulgate rules and regulations in

accordance with this Act. It is further provided that upon

application regularly made and filed, and after notice to the

Attorney General, the Railroad Commission may, for good cause

shown, permit any railway company or other corporation, firm,

partnership, or person, or any county or municipality to deviate

from the terms of this Act in accordance with an order of the

Commission made and entered; and in such event the corporation,

firm, partnership, or person acting in accordance with the order

of the Railroad Commission so made shall not be deemed to have

violated this Act.

Inserted by compiler from Acts 1925, 39th Leg., ch. 11, p. 33,

Sec. 5.

Text of article effective until April 01, 2011

Art. 6559i-1. REFUSAL TO PERMIT INSPECTION. Any officer, agent

or employe of any railroad company who shall, upon proper demand,

fail or refuse to exhibit to any member of the Railroad

Commission of Texas or any person authorized to investigate the

same, any book or paper of such railroad company, which is in the

possession or under the control of such officer, agent, or

employe, shall be fined not less than one hundred and twenty-five

dollars nor more than five hundred dollars.

Acts 1891, p. 60.

Text of article effective until April 01, 2011

Art. 6559i-2. REFUSAL TO ANSWER. If any officer or employe of a

railroad company shall fail or refuse to fill out and return any

blanks to said Railroad Commission as provided by law, or fail or

refuse to answer any question therein propounded, or give a false

answer to any such question, where the fact inquired of is within

his knowledge, or shall evade the answer to any such question,

such person shall be fined five hundred dollars for each day he

shall fail to perform such duty, after the expiration of the time

allowed by law to so answer.

Acts 1891, p. 60.