Sec. 545.2555. REPORT AND INVESTIGATION OF CERTAIN RAILROAD CROSSING VIOLATIONS. (a) A person who on site observes a violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 may file a report of the violation if the person:
(1) is an on-engine employee of a railroad; and
(2) observes the violation while on a moving engine.
(b) A report under this section must:
(1) be made:
(A) on a form approved by the department; and
(B) not later than 72 hours after the violation;
(2) be filed with:
(A) an office of the department located in the county in which the violation occurred;
(B) the sheriff of the county in which the violation occurred, if the violation occurred in the unincorporated area of the county; or
(C) the police department of a municipality, if the violation occurred in the municipality; and
(3) contain, in addition, to any other required information:
(A) the date, time, and location of the violation;
(B) the license plate number and a description of the vehicle involved in the violation;
(C) a description of the operator of the vehicle involved in the violation; and
(D) the name, address, and telephone number of the person filing the report.
(c) A peace officer may:
(1) before the seventh day after the date a report under this section is filed, initiate an investigation of the alleged violation; and
(2) request the owner of the reported vehicle, as shown by the vehicle registration records of the Texas Department of Transportation, to disclose the name and address of the individual operating that vehicle at the time of the violation alleged in the report.
(d) Unless the owner of the reported vehicle believes that to provide the peace officer with the name and address of the individual operating the vehicle at the time of the violation alleged would incriminate the owner, the owner shall, to the best of the owner's ability, disclose that individual's name and address.
(e) An investigating peace officer who has probable cause to believe that a charge against an individual for a violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 is justified may:
(1) prepare a written notice to appear in court that complies with Sections 543.003, 543.006, and 543.007; and
(2) deliver the notice to the individual named in the notice in person or by certified mail.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.108(a), eff. Sept. 1, 1997.
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