BILL ANALYSIS



H.B. 1212
By: Jackson
04-19-95
Committee Report (Unamended)


BACKGROUND

While the state has stringent regulations and safety standards
enacted for the operation of motor carriers of hazardous materials,
currently cities must have populations of 300,000 before municipal
peace officers may be certified to detain motor vehicles under the
statutes.  Due to the location of many of our petro-chemical
industries, these motor carriers must travel through small
municipalities on a daily basis.

PURPOSE

HB 1212 affords certified peace officers in small cities, in Harris
County the right to stop and detain hazardous material carriers for
routine inspections of licenses, credentials and compliance to the
safety regulations.  In addition to decreasing safety violations,
HB 1212 will have a positive impact on the amount of "bootleg"
loads currently on the highways.  Officers in cities with
populations of 25,000 will be eligible to receive state
certification, with associated costs and fees reimbursed by the
municipalities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1:Decreased the population to 25,000 or more all or part of
which is located in a county with a population of 2.4 million. 
This authorizes the department to establish reasonable fees to
recover costs of training and certifying peace officers from
cities.

SECTION 2:  This Act takes effect September 1, 1995.

SECTION 3:  Emergency clause.    

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander.  The Chair laid out H.B. 1212 and left H.B. 1212 pending
before the Committee.  Pursuant to a public notice posted on March
23, 1995, at 7:36 p.m., the House Committee on Transportation met
in a public hearing on Wednesday, March 29, 1995 at 2:00 p.m. in
Room E1.014 of the Capitol Extension and was called to order at
2:10 p.m. by the Chair, Representative Clyde Alexander.  The Chair
laid out H.B. 1212 and recognized Representative Jackson to explain
H.B. 1212.  The Chair recognized the following person who testified
in support of H.B. 1212:  Michael Miller, LaPorte Police
Department.  The Chair left H.B. 1212 pending before the Committee
before the Committee.  Pursuant to a public notice posed on April
13, 1995 at 4:14 p.m., the House Committee on Transportation met in
a public hearing on Wednesday, April 19, 1995 at 2:00 p.m., or upon
adjournment, in Room E1.014 of the Capitol Extension and was called
to order at 2:16 p.m. by the Chair, Representative Clyde Alexander. 
The Chair laid out H.B. 1212 by Jackson, which was pending before
the Committee.  Representative Bosse moved that the Committee
report H.B. 1212, without amendments, to the full House with the
recommendation that it do pass.  The motion prevailed by the
following vote: Ayes (6), Nayes (0), Absent (3), Present not voting
(0).