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.
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