December 26, 2024 - TRA Newswire -

For the second session in a row Representative Ana Hernandez (District-143) has filed a bill in the Texas House to limit the length of trains that run through her district. The lawmaker cites that long freight trains block railroad crossings for extended periods of time, delaying emergency vehicles and causing pedestrians to try to outrun trains or crawl under them.

Hernandez's district runs from the East side of Houston along the I-10 corridor to Baytown.

House Bill 1564 would modify the state transportation code by limiting the maximum length of trains to 8,500 feet. It's titled Sec. 112.004.  MAXIMUM LENGTH OF TRAIN.  A railroad company may not operate or permit to be operated on any part of a rail line in this state a train that is 8,500 feet in length or longer. SECTION 2.  This Act takes effect September 1, 2025.

Houston sees some 100 trains a day enter and depart the city with few rail overpasses and underpasses compared to a city like Chicago, which has about 70% more separations between vehicle and train interactions.

In a news story on Texas Rail Advocates published February 27, 2023, according to documents from the Texas Department of Transportation, Texas receives about $20 million a year in a federal share for improving railroad crossings. There are no state funds set aside to match this effort. "That's hardly enough to build maybe one overpass across the entire state and Texas has 10,000 grade crossings," according to Texas Rail Advocates President Peter LeCody. "The railroads want to be good neighbors and keep their trains moving but the state needs to be a partner in this effort too, and that hasn't happened yet. With our state surplus and federal rail funds available from the Infrastructure bill, this is the best time to tackle this problem. Our Fair-Share-For-Rail campaign urges lawmakers to do a kickstart appropriation and start tackling these issues."

Some help may be on the way if the state legislature approves a $175 million request from TxDOT to eliminate at-grade rail crossings around the state. The transportation department request is outside of the agency's budget and is considered an Exceptional Item that requires lawmakers to approve. 

The 2023 news story pointed out "It's gotten a state representative's attention from her constituents that something needs to be done about long trains that block railroad crossings for long periods of time," according to rail advocate LeCody. ""This is a prime example of how the state has fallen so far behind in railroad grade-crossing improvements. We have the Rail Relocation and Improvement Fund that voters passed over a decade ago and the legislature hasn't put the first dollar into it yet. We could be applying for federal competitive grants with a state match to build overpasses and underpasses and do other rail improvements to keep trains moving and not block cars and trucks at crossings."

"The question remains if state regulated train length will pass a court challenge," according to Texas Rail Advocates board member Josh Coran. "The ICC Termination Act prevents states from making laws regarding interstate transportation for things that are regulated at the federal level. This did away with length of time a crossing could be blocked and local speed ordinances for railroads, since the FRA regulates speed based on the class of track".  

Texas Rail Advocates supports more state and federal funding for eliminating at-grade rail crossings with more overpasses and underpasses, especially in congested urban areas. Limiting the length of trains that move billions of dollars of commerce through Texas is problematic. The Association of American Railroads indicates that over 75% of trains are under 8,000 feet in length. Keeping trains moving through urban areas can mean that highway and pedestrian rail crossings can be utilized to a higher degree. 

In June 2023, the city of Houston received a $37 million award from the Federal Railroad Administration's Railroad Crossing Elimination Grant Program, the first phase of the West Belt Improvement Project. The grant is a small down payment on many major crossings that should have been separated decades ago. 

Photo credit: AAR