TWT H.B. 393 75(R)BILL ANALYSIS TRANSPORTATION H.B. 393 By: Mowery 4-5-97 Committee Report (Substituted) BACKGROUND One effect of the passage of the North American Free Trade Agreement (NAFTA) is a rise of truck volume on NAFTA-related roadways. The interaction of these large vehicles with other traffic, the publicity given to major truck accidents, the increased pavement wear caused by these vehicles, and the increased public awareness of the effects of truck traffic on NAFTA-related roadways has resulted in the need to examine various countermeasures including the designation of truck lanes. Mobility problems are most apparent in the state's metropolitan areas -- especially during peak travel times. Daily "rush-hour" congestion is intensified in areas having high volumes of heavy truck traffic, since trucks maneuver less effectively in heavy traffic and take longer to recover and regain speed in slow-and-go conditions. The forecast of increased operation of trucks on interstate and primary highways will impact the overall traffic flow, safety, structural longevity, and long term maintenance costs for Texas roadways. PURPOSE C.S.H.B. 393 grants municipalities authority to designate trucks lanes for through traffic on controlled-access highways when needed. Requires the Texas Department of Transportation (TXDOT) to perform a traffic study on the impact of the restrictions and to ensure a systems approach to prevent inconsistent lane restrictions. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 545, Transportation Code, by adding Section 545.0651. (a) Defines: (1)"Department" as the TXDOT. (2) "Highway" as a public roadway that: (A) is on the state highway system; (B) is a controlled access facility; and (C) has at least three travel lanes, excluding frontage roads, in each direction. (b) A city by ordinance may restrict, by class of vehicle, through traffic to two lanes. (c) Requires the ordinance under (b) to: (1) be in effect only during peak traffic hours of a work day; and (2) allow restricted vehicles to use any lanes to pass other vehicles and to enter and exit the highway. (d) Before adopting the ordinance, the city must submit a description of the plan to the TXDOT. The ordinance can't be enforced unless: (1) the TXDOT executive director or a designee approves it; and (2) the appropriate traffic-control devices are in place. (e) The TXDOT approval of the city's ordinance shall: (1) be based on a traffic study to evaluate the impact of the restrictions; and (2) ensure a system approach to prevent inconsistent lane designations among adjacent cities. (f) The TXDOT executive director or a designee can suspend or rescind approval of the plan for any of the following reasons: (1) a change in pavement conditions; (2) a change in traffic conditions; (3) a geometric change in roadway configurations; (4) a construction or maintenance activity; or (5) emergency or incident management. (g) The TXDOT is responsible for erecting and maintaining traffic-control devices necessary so the city can implement and enforce the ordinance. SECTION 2. Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Subsection (a) of the original, which restricted application of this Act to cities with a population of more than 250,000, was removed. Subsection (a) of the substitute creates definitions. Subsection (b) of the original allowed restrictions to one or more lanes of a highway, while Subsection (b) of the substitute allows restrictions to two lanes for through traffic. Subsections (c) and (d) of the original are removed. Subsections (c) through (g) of the substitute are new.