TWT H.B. 297 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 297
By: Driver
4-11-97
Committee Report (Substituted)



BACKGROUND 

The Texas Transportation Commission is authorized by the Transportation
Code to adopt a manual and specifications for a uniform system of
traffic-control devices. The Texas Department of Transportation (TXDOT)
and local authorities may place traffic control devices on a state highway
to implement the system.  Chapter 545, Subchapter B, Transportation Code,
requires driving in the right lane unless certain conditions apply.
Further, subsequent sections cover passing to the left.    

PURPOSE

C.S.H.B. 297 would require new or replace highway signs to direct
slower-moving vehicles not to travel in the far left lane. The signs must
read "left lane for passing only." 

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, Sec. 544.011 grants the TXDOT authority
to create signage in order to implement the provisions of this bill.
Section 2 of this bill requires the Transportation Commission to amend its
sign manual to comply with this act.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 544, Transportation Code, by adding Sec. 544.011
which states that if, on a highway with more than one lane with vehicles
traveling in the same direction, the TXDOT or a local authority places a
sign directing slower traffic to travel in a lane other than the farthest
left, the sign must read "left lane for passing only." 

SECTION 2. (a) Requires the commission  to amend its sign manual by
January 1, 1998, to comply with Sec. 544.011, Transportation Code, as
added by this Act.  (b) This Act does not require TXDOT or local
authorities to replace or repaint signs. The Act applies only to a sign
originally placed on a highway or ones replaced or repainted for a reason
other than compliance with this Act on or after the effective date.  

SECTION 3. Effective date -- September 1, 1997.

SECTION 4. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2. The original referenced the Department of Public Safety (DPS)
in Subsection (a) dealing with the sign manual. The substitute corrects
the reference by removing DPS and adding the Texas Transportation
Commission. The substitute adds Subsection (b) so the TXDOT or local
authorities are not required to replace or repaint signs. The original
contained no similar provision. 
SECTION 3. Sets a new effective date. The original was effective upon
passage, but the substitute is effective September 1, 1997. 
SECTION 4. Renumbered from Section 3 in the original.