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.