Relating to the operation of vehicles at railroad grade crossings; increasing a criminal penalty.

Contracts

• Master Service Agreements (MSAs): Review indemnification clauses with third-party logistics and transport vendors. Ensure that "compliance with all traffic laws" explicitly covers grade crossing protocols.
• Liability Allocation: If you utilize subcontractors in the Permian Basin or other areas relying on manual flagging, ensure your contracts shift the liability for crossing violations—and any resulting collisions—squarely onto the subcontractor.

Hiring/Training

• Driver Manual Updates: Revise safety handbooks to distinguish between mechanical signals and human flaggers. Explicitly state that ignoring a human signal at a crossing is a "serious safety violation" subject to immediate disciplinary review.
• Safety Stand-Downs: Schedule a brief safety update for Q3 2025 focusing on non-controlled crossings (spurs and private roads) where flaggers are the primary warning system.

Reporting & Record-Keeping

• MVR Monitoring: Calibrate your Motor Vehicle Record monitoring to flag citations under Transportation Code 545.251(a)(2).
• Incident Documentation: If a driver is cited, the internal incident report must capture the identity and credentials of the flagger (e.g., Railroad Employee vs. Law Enforcement vs. Construction Crew) to prepare for potential defense.

Fees & Costs

• Direct Fines: The statutory fine increases from a range of $50-$200 to a range of $100 minimum to $400 maximum.
• Insurance Impact: A conviction under this statute establishes *negligence per se*. In the event of a collision, this citation will likely trigger policy exclusions or significant premium hikes upon renewal.