The department must set guidelines, fund initial installation, adopt rules, and a railway company must allow department personnel to attach reflecting material at unsignaled crossings.
Sec. 471.004. WARNING SIGN VISIBILITY AT RAILROAD GRADE CROSSINGS. (a) The department shall develop guidelines and specifications for the installation and maintenance of reflecting material at each unsignaled crossing. The material shall be affixed to the back and support post of each crossbuck in a manner that reflects light from vehicle headlights to focus attention on the presence of the unsignaled crossing. (b) The department shall pay the cost of initial installation of reflecting material from money appropriated to the department to maintain grade crossing warning devices. The department or the local jurisdiction responsible for maintaining the roadway at each grade crossing shall pay the maintenance costs of the material. (c) The state, an agency or political subdivision of the state, or a railway company is not liable for damages caused by an action taken under this section or failure to perform a duty imposed by this section. Evidence may not be introduced in a judicial proceeding that reflecting material exists or that the state or railway company relies on the material. (d) The department shall adopt rules governing the installation and maintenance of reflecting material at grade crossings. (e) A railway company shall permit department personnel to affix the reflecting material on the company's property. (f) In this section: (1) "Active warning device" means an automatically activated warning device, including a bell, flashing light, gate, or wigwag. (2) "Crossbuck" means a standard grade crossing warning sign designated as Number R 15-1 and described in the Manual of Uniform Traffic Control Devices issued by the United States Department of Transportation, Federal Highway Administration. (3) "Department" means the Texas Department of Transportation. (4) "Grade crossing" means the intersection at grade of a railroad and a roadway constructed and maintained with public money. (5) "Reflecting material" means material that reflects light so that the paths of the reflected light rays are parallel to those of the incident rays. (6) "Unsignaled crossing" means a grade crossing not protected by active warning devices. (7) "Warning device" means a traffic control sign, including an active warning device or crossbuck, the purpose of which is to alert motorists of a grade crossing. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.