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              (4)  "Governmental entity" means an agency of the
   1-17  state, a political subdivision of the state, or an agency of the
   1-18  federal government.
   1-19        Sec. 2.  (a)  The Department has title and shall retain title
   1-20  to all reclaimed asphalt pavement from roads in the state highway
   1-21  system, except as otherwise provided by this subsection.  The
   1-22  department shall maximize the use of reclaimed asphalt pavement.
   1-23  The department shall, when feasible, remove and recycle hot mix
    2-1  asphalt from any road being repaved.  The department may transfer
    2-2  title to reclaimed asphalt pavement to another governmental entity
    2-3  for use on public works <roads>.
    2-4        (b)  The department shall ensure that the reclaimed asphalt
    2-5  pavement be kept as free as possible from contamination by
    2-6  nonasphaltic materials during its removal, transportation, and
    2-7  storage.
    2-8        (c)  All state agencies, departments, and commissions shall
    2-9  give precedence for the use of lands under their control for the
   2-10  storage of reclaimed asphalt products when environmental and
   2-11  economic constraints permit.
   2-12        (d)  The Department shall keep a public record of the
   2-13  location and amount of state-owned reclaimed asphalt products.
   2-14        <(e)  The Department shall, not later than January 1, report
   2-15  annually to the legislative audit committee on the department's use
   2-16  of recycled asphalt pavement.>
   2-17        SECTION 2.  Article 6674i-2, Revised Statutes, is repealed.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.