BILL ANALYSIS


                                                    C.S.S.B. 1221
                                                        By: Nixon
                                                    State Affairs
                                                          4-11-95
                                   Committee Report (Substituted)
BACKGROUND

The 73rd Legislature passed H.B. 2060 authorizing the operation of
overweight trucks on county roads.  This practice, while necessary
to the economies of many rural counties, may result in extensive
damage to county roads.  Companies operating in some counties may
wish to contribute to the repair efforts as a good neighbor policy.

PURPOSE

As proposed, C.S.S.B. 1221 sets forth requirements for a voluntary
road use agreement between a person and a county.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6702-1, V.T.C.S., by adding Section
2.013, as follows:

     Sec. 2.013.  ROAD USE AGREEMENTS.  (a) Defines "road use
     agreement."
     
     (b) Requires a commissioners court (court) that desires to
       enter a road use agreement (agreement) to adopt a resolution
       setting out the basic conditions on which the county would
       enter an agreement.  Requires the court, prior to the
       adoption of the resolution, to hold a public hearing on the
       proposed resolution in each county precinct.  Requires all
       interested parties to be given the opportunity to provide
       input into the content of the proposed resolution. 
       Prohibits the court from adopting the resolution less than
       10 days after the final hearing.  Prohibits the resolution
       from being amended for at least one year except that it may
       be rescinded at any time.  Provides that existing road use
       agreements are terminated if the resolution is rescinded.
       
       (c) Requires the court to provide to the county clerk a list
       of persons who may be interested in entering an agreement
       with the county.  Requires the county clerk to send written
       notice of each hearing to each person on the list.
       
       (d) Authorizes a person to initiate discussions with a
       county that has adopted a resolution under Subsection (c). 
       Requires the discussions to be in regard to specific terms
       of an agreement within the basic conditions adopted in the
       resolution.  Authorizes either party to terminate the
       discussions at any time before reaching an agreement.
       
       (e) Authorizes a person and a county to enter into an
       agreement if the person and the county agree to the same
       terms in discussions.  Authorizes the person to agree to
       provide materials for the construction or maintenance of a
       county road in the agreement.
SECTION 2. Emergency clause.
           Effective date:  90 days after adjournment.