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).