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 Article 6674i-2, Revised Statutes, is repealed.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.