1. (a) Federal enforcement action. The division director may refer violations of railroad safety requirements adopted under §7.31 of this subchapter (relating to Railroad Safety Requirements) to the FRA with a recommendation that the FRA seek either imposition of civil penalties or an injunction against further railroad safety violations, or both.
2. (b) State enforcement action. The department may, through the attorney general of Texas, bring an action in any court of competent jurisdiction and proper venue, seeking either imposition of a civil penalty or an injunction, or both, against violation of a railroad safety regulation or order issued under the provisions of Texas Civil Statutes, Article 6448a. The department may also, through the attorney general of Texas, bring an action in the United States district court for the judicial district in which the violation occurred or in which the defendant has its principal executive office, seeking either imposition of a civil penalty or an injunction, or both, for a violation of a railroad safety requirement adopted under the provisions of §7.31 of this subchapter, if the division director has requested such action and the FRA has failed to take timely action on a request. FRA action on a request that it seek to impose a civil penalty is timely if, within 60 days after receipt of the request, FRA has either assessed a civil penalty or determined, in writing, that no violation has occurred. FRA action on a request that it seek an injunction against further violation of a rail safety requirement is timely if, within 15 days after receipt of the request, the FRA has referred the matter to the United States attorney general for institution of litigation, has undertaken other enforcement action, or has determined, in writing, that no violation has occurred.

Source Note:The provisions of this §7.40 adopted to be effective January 5, 2006, 30 TexReg 8993.