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.