By:  Luna                                              S.B. No. 755
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to use of rubberized asphalt paving in road construction,
    1-2  improvement, and maintenance projects.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 6674i-1, Revised Statutes, is amended to
    1-5  read as follows:
    1-6        Art. 6674i-1.  RUBBERIZED ASPHALT PAVING <AWARDING OF CERTAIN
    1-7  CONTRACTS>.  (a)  In this article:
    1-8              (1)  "Scrap tire" means a tire that can no longer be
    1-9  used for its original intended purpose.
   1-10              (2)  "Rubberized asphalt" means an asphalt material
   1-11  containing at least 10 <15> percent by weight of fine-ground rubber
   1-12  obtained from <a reacted whole> scrap tires <tire>.
   1-13        (b)  The Texas Department of Transportation, a county, or a
   1-14  municipality shall use rubberized asphalt in all road construction,
   1-15  improvement, and maintenance projects requiring asphalt paving.
   1-16        (c)  The Texas Department of Transportation shall develop
   1-17  specifications relating to the use of rubberized asphalt in road
   1-18  construction, improvement, and maintenance projects and distribute
   1-19  the specifications to all interested engineers, contractors, and
   1-20  asphalt suppliers.  The specifications shall:
   1-21              (1)  include penetrometer testing standards;
   1-22              (2)  require all hot mix asphaltic concrete and cool
   1-23  mix asphaltic concrete pavement surfaces to contain 10 percent by
    2-1  weight of fine-ground rubber obtained from scrap tires; and
    2-2              (3)  require all asphalt batch plants to maintain an
    2-3  adequate supply of fine-ground rubber at all times.
    2-4        (d)  The Texas <If the State> Department of <Highways and
    2-5  Public> Transportation, a county, or a municipality using <uses>
    2-6  rubberized asphalt paving as required by this article shall<, the
    2-7  department, county, or municipality electing to> use rubberized
    2-8  asphalt manufactured from <shall use> scrap tires converted to
    2-9  rubberized asphalt paving by a facility in this state if that
   2-10  paving material is available.
   2-11        (e) <(c)>  In comparing bids submitted for road construction
   2-12  that require paving, the department, county, or municipality may
   2-13  give a preference to bids the paving materials portion of which
   2-14  includes the use of rubberized asphalt paving made from scrap tires
   2-15  by a facility in this state if the cost of those materials based on
   2-16  life-cycle cost benefit analysis does not exceed by more than 15
   2-17  percent the bid cost based on life-cycle cost benefit analysis of
   2-18  alternative paving materials for the same job.
   2-19        SECTION 2.  This Act takes effect September 1, 1993.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.