TWT H.B. 17 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 17
By: Chisum
4-27-97
Committee Report (Substituted)



BACKGROUND 

Highway accident sites are frequently marked with memorials to the lives
that have been lost there. According to the Texas Department of Public
Safety (DPS), 3,173 people died in 1995 on all Texas roadways, with 74.4
percent occurring on the highway system. In 1994, there were 3,142
fatalities on Texas road with 74.3 percent occurring on the highway
system.  Currently, anyone who wants to place a cross or other memorial
marker on highway right of ways must get permission from the Texas
Department of Transportation (TXDOT).  

PURPOSE

This bill will allow the TXDOT to implement a safety program which will
encourage drivers to drive with more caution in areas which have proven
dangerous. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution, however, Section 1 of the bill (Sec. 201.905) allows the
TXDOT to implement a traffic safety program.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter K, Chapter 201, Transportation Code, by
adding Section  201.905 which (a) authorizes  the TXDOT to implement a
traffic safety program that includes posting signs along the road at the
500 sites with the highest number of traffic fatalities. Requires the
signs to be designed by the TXDOT and may include information on: (1) the
number of repeated fatalities at that location in the past 10 years, (2)
the importance of driving safely and wearing seat belts, (3) the
importance of not drinking and driving; and (4) other information the
TXDOT deems necessary.  (b) The program may also include distribution of
literature to the public by the TXDOT. 

SECTION 2. Emergency clause. Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. (a) The original referenced the DPS, but the substitute
corrects the reference to the Texas Department of Transportation. The
substitute states signs will be posted at the 500 sites with the highest
number of traffic fatalities.  The original would have placed signs at the
site of traffic fatalities, with no limit on the number of sites or signs.
The original in (a)(1) stated the signs would list the number of
fatalities at a location. The substitute states that the sign would list
the number of fatalities at a location in the last 10 years.  

(b) The substitute deleted the permissive directive to the TXDOT to post
literature and traffic safety signs in public buildings, which was
contained in the original. The substitute allows the TXDOT to distribute
literature, but is not required to post anything in public buildings.