By: Cain S.B. No. 688
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of reclaimed asphalt pavement.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 6673i, Revised Statutes, is amended to
1-4 read as follows:
1-5 Art. 6673i. Reclaimed asphalt pavement
1-6 Sec. 1. In this article:
1-7 (1) "Reclaimed asphalt pavement" means hot mix asphalt
1-8 pavement and any accompanying tack coat, seal coat, or chip seal
1-9 removed as millings or broken pavement pieces from a road during
1-10 construction, reconstruction, or repavement under the authority of
1-11 the department.
1-12 (2) "Road" means a paved road in the state highway
1-13 system.
1-14 (3) "Department" means the Texas <State> Department of
1-15 <Highways and Public> Transportation.
1-16 Sec. 2. The Department shall dispose of all recycled asphalt
1-17 pavement material in the most cost-effective and environmentally
1-18 sensitive manner it deems appropriate, giving priority to political
1-19 subdivisions of the state for the maintenance, development, and
1-20 construction of public works projects. Disposal of such material
1-21 under this section is not subject to the provisions of Article 9,
1-22 State Purchasing and General Services Act (Article 601b, Vernon's
1-23 Texas Civil Statutes), or to any other statutory or regulatory
2-1 authority of the General Services Commission. <(a) The Department
2-2 has title and shall retain title to all reclaimed asphalt pavement
2-3 from roads in the state highway system, except as otherwise
2-4 provided by this subsection. The department shall maximize the use
2-5 of reclaimed asphalt pavement. The department shall, when
2-6 feasible, remove and recycle hot mix asphalt from any road being
2-7 repaved. The department may transfer title to reclaimed asphalt
2-8 pavement to another governmental entity for use on roads>.
2-9 <(b) The department shall ensure that the reclaimed asphalt
2-10 pavement be kept as free as possible from contamination by
2-11 nonasphaltic materials during its removal, transportation, and
2-12 storage.>
2-13 <(c) All state agencies, departments, and commissions shall
2-14 give precedence for the use of lands under their control for the
2-15 storage of reclaimed asphalt products when environmental and
2-16 economic constraints permit.>
2-17 <(d) The Department shall keep a public record of the
2-18 location and amount of state owned reclaimed asphalt products.>
2-19 <(e) The Department shall, not later than January 1, report
2-20 annually to the legislative audit committee on the department's use
2-21 of recycled asphalt pavement.>
2-22 SECTION 2. Article 6674i-2, Revised Statutes, is repealed.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.