1-1 By: Cain S.B. No. 688
1-2 (In the Senate - Filed February 21, 1995; February 22, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 29, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; March 29, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 688 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the use of reclaimed asphalt pavement.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 6673i, Revised Statutes, is amended to
1-13 read as follows:
1-14 Art. 6673i. Reclaimed asphalt pavement
1-15 Sec. 1. In this article:
1-16 (1) "Reclaimed asphalt pavement" means hot mix asphalt
1-17 pavement and any accompanying tack coat, seal coat, or chip seal
1-18 removed as millings or broken pavement pieces from a road during
1-19 construction, reconstruction, or repavement under the authority of
1-20 the department.
1-21 (2) "Road" means a paved road in the state highway
1-22 system.
1-23 (3) "Department" means the Texas <State> Department of
1-24 <Highways and Public> Transportation.
1-25 Sec. 2. The Department shall dispose of all recycled asphalt
1-26 pavement material in the most cost-effective and environmentally
1-27 sensitive manner it deems appropriate, giving priority to political
1-28 subdivisions of the state for the maintenance, development, and
1-29 construction of public works projects. Disposal of such material
1-30 under this section is not subject to the provisions of Article 9,
1-31 State Purchasing and General Services Act (Article 601b, Vernon's
1-32 Texas Civil Statutes), or to any other statutory or regulatory
1-33 authority of the General Services Commission. <(a) The Department
1-34 has title and shall retain title to all reclaimed asphalt pavement
1-35 from roads in the state highway system, except as otherwise
1-36 provided by this subsection. The department shall maximize the use
1-37 of reclaimed asphalt pavement. The department shall, when
1-38 feasible, remove and recycle hot mix asphalt from any road being
1-39 repaved. The department may transfer title to reclaimed asphalt
1-40 pavement to another governmental entity for use on roads>.
1-41 <(b) The department shall ensure that the reclaimed asphalt
1-42 pavement be kept as free as possible from contamination by
1-43 nonasphaltic materials during its removal, transportation, and
1-44 storage.>
1-45 <(c) All state agencies, departments, and commissions shall
1-46 give precedence for the use of lands under their control for the
1-47 storage of reclaimed asphalt products when environmental and
1-48 economic constraints permit.>
1-49 <(d) The Department shall keep a public record of the
1-50 location and amount of state owned reclaimed asphalt products.>
1-51 <(e) The Department shall, not later than January 1, report
1-52 annually to the legislative audit committee on the department's use
1-53 of recycled asphalt pavement.>
1-54 SECTION 2. Article 6674i-2, Revised Statutes, is repealed.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *