SRC-MAX H.B. 711 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 711
By: Cuellar (Truan)
State Affairs
4-23-97
Engrossed


DIGEST 

Currently, Article 6675d, V.T.C.S., requires the Department of Public
Safety (DPS) to adopt rules regulating the safe transportation of
hazardous materials and to regulate the operation of commercial motor
vehicles in the state.  In September 1995, the director of DPS was
authorized to approve all new routing of non-radioactive materials with
the stipulation that the proposed routes must meet the criteria of Title
49, Code of Federal Regulations, Part 397, Subpart C.  This bill gives the
Texas Department of Transportation the authority to designate routes for
non-radioactive hazardous materials.    

PURPOSE

As proposed, H.B. 711 sets forth procedures for the highway route
designations for non-radioactive hazardous materials. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Transportation Commission in
SECTION 1 (Sec. 3A, Article 6675d, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6675d, V.T.C.S., by adding Section 3A, as
follows: 

Sec.  3A.  ROUTING OF NON-RADIOACTIVE HAZARDOUS MATERIALS.  Requires the
Texas Transportation Commission (commission) to adopt rules consistent
with 49 C.F.R. Part 397 for the routing of non-radioactive hazardous
materials.  Authorizes certain rules  to impose more stringent
requirements than provided in 49 C.F.R. Part 397.  Requires the rules to
provide for consultation with a political subdivision when a route is
being proposed within its jurisdiction.  Authorizes a political
subdivision of the state or a state agency to designate a route for the
transportation of non-radioactive hazardous materials over a public road
or highway in this state only if the Texas Department of Transportation
approved this route. Authorizes the commission to designate a
transportation route for non-radioactive hazardous materials over any
public road or highway in this state.  Authorizes the designation to
include a road or highway that is not part of the state highway system
under certain conditions. Requires the Department of Public Safety
(department) to provide signs for a designated route over a road or
highway this is not part of the state highway system.  Authorizes the
department to use funds from the state highway fund to pay for the signs.
Requires the political subdivision that maintains the road or highway to
bear the costs for installation and maintenance of the signs. 

SECTION 2. Requires the Department of Public Safety and the Texas
Department of Transportation to enter a memorandum of understanding for
the transition of the authority for designating routes for transportation
of non-radioactive hazardous materials, before the effective date of
Section 3A, Article 6675d, V.T.C.S. 

SECTION 3. Effective date for SECTION 1:  January 1, 1998.


 SECTION 4. Emergency clause.
  Effective date: upon passage.