S.B. No. 688
                                        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.