BILL ANALYSIS



C.S.H.B. 1732
By: Siebert
03-22-95
Committee Report (Substituted)


BACKGROUND

Senate Bill 352, 72nd Legislature, created Texas Civil Statutes,
Article 6673i, concerning the use of reclaimed asphalt pavement
(RAP).  Senate Bill 1340, 72nd Legislature, created an identical
statute, Article 6674i-2.  These statutes require the Texas
Department of Transportation (TxDOT) to maximize the use of RAP,
and when feasible, remove and recycle hot mix asphalt from any
portion of the state highway system being repaved.  They authorize
TxDOT to transfer title to RAP to another government entity for use
on roads.

PURPOSE

Current law does not allow the Texas Department of Transportation
(TxDOT) to find feasible uses for reclaimed asphalt pavement (RAP). 
For this reason, TxDOT's inventory of RAP is increasing and unless
these restrictions are removed, expensive and unsightly piles of
this material will continue to be stored at considerable cost to
the state.

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.  Amends Article 6673i, Sec. 1, Vernon's Texas Civil
Statutes, by adding the following:  (3) "Department" means Texas
Department of Transportation.  Amends Article 6673i, Sec. 2,
Vernon's Texas Civil Statutes, the Department shall dispose of all
recycled asphalt pavement material in the most cost effective and
environmentally sensitive manner it deems appropriate, giving
priority to political subdivisions of the state for the
maintenance, development, and construction of public works
projects.  Disposal of such material under this section is not
subject to the provisions of Article 9, State Purchasing and
General Services Act (Article 601b, Vernon's Texas Civil Statutes)
or to any other statutory or regulatory authority of the General
Services Commission.  Deletes subsection (a) through (e).

SECTION 2.  Repeals Article 6674i-2, Vernon's Texas Civil Statutes.

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Amends Article 6673i, Sec. 1, Vernon's Texas Civil
Statutes, by adding the following:  (3) "Department" means Texas
Department of Transportation.  Whereas the original legislation
also defines "governmental entity" to be an agency of the state, a
political subdivision of the state, or an agency of the federal
government.  The Committee Substitute repeals Article 6673i, Sec.
2 (a) through (e), Revised Statutes, and inserts therein that the
Department shall dispose of all recycled asphalt pavement material
in the most cost effective and environmentally sensitive manner it
deems appropriate, giving priority to political subdivisions of the
state for the maintenance, development, and construction of public
works projects.  Disposal of such material under this section is
not subject to the provisions of Article 9, State Purchasing and
General Services Act (Article 601b, Vernon's Texas Civil Statutes)
or to any other statutory or regulatory authority of the General
Services Commission.

SUMMARY OF COMMITTEE ACTION

Pursuant to a notice posted on March 9, 1995 at 6:16 p.m. the House
Committee on Transportation met in a public hearing on Wednesday
March 15, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension
and was called to order at 2:20 p.m. by the Chair, Representative
Clyde Alexander.  The Chair laid out H.B. 1732, and recognized
Representative Siebert to explain H.B. 1732.  No persons testified
in support of, or in opposition to H.B. 1732.  The Chair left H.B.
1732 pending before the Committee.  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.
1732 by Siebert which was pending before the Committee. 
Representative Alonzo laid out the Committee Substitute to H.B.
1732, and without objection the Substitute was adopted. 
Representative Bosse moved that the Committee report H.B. 1732, as
substituted, 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).