TWT H.B. 711 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 711
By: Cuellar
3-25-97
Committee Report (Substituted)



BACKGROUND 

Article 6675d, Revised Statutes, 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, by designation of the Governor, the
director of DPS was authorized to approve all new routing of
non-radioactive hazardous materials.  Proposed routes must also meet the
criteria of Title 49, Code of Federal Regulations, Part 397, Subpart C.
Other than a 30-day public comment on proposed non-radioactive hazardous
material (NRHM) designations, the statute contains no formal provision for
review by the Texas Department of Transportation (TXDOT). 

PURPOSE

C.S.H.B. 711 gives TXDOT authority to designate routes for non-radioactive
hazardous materials.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Transportation Commission in SECTION 1. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6675d, Revised Statutes, by adding Section 3A.

 (a) Requires the Texas Transportation Commission to adopt rules for
routing of non-radioactive hazardous materials. The rules for signage,
public participation and procedural requirements may be more stringent
than federal regulations. 

 (b)  The TXDOT's approval of  a route is required for the route to be
designated by a political subdivision.  

 (c) Allows the Transportation Commission to designate a route over any
public road or highway in the state and may include other roads not on the
highway system if the local government approves use of that road.  

 (d) Requires TXDOT to provide signs for routes off the state highway
system. The political subdivision with responsibility for maintaining the
road is required to bear the costs for installation and maintenance of the
signs. 

SECTION 2. Provides for a memorandum of understanding between TXDOT and
DPS to handle transition of the authority for approving designating routes
before the effective date of this Act. 

SECTION 3. Effective date. For Section 1 is January 1, 1998, but Section 2
is immediately upon passage. 

SECTION 4. Emergency clause.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The substitute deletes Section 1 of the original which dealt
with safety rules adopted by the Transportation Commission. Section 1 of
the substitute is entirely new. Requires the Texas Transportation
Commission to adopt rules for routing of non-radioactive hazardous
materials. The rules for signage, public participation and procedural
requirements may be more stringent than federal regulations. The TXDOT's
approval of  a route is required for the route to be designated by a
political subdivision. Allows the Transportation Commission to designate a
route over any public road or highway in the state and may include other
roads not on the highway system if the local government approves use of
that road. Requires TXDOT to provide signs for routes off the state
highway system. The political subdivision with responsibility for
maintaining the road is required to bear the costs for installation and
maintenance of the signs. 


SECTION 2. The substitute deletes Section 2 of the original which required
the TXDOT to approve or disapprove haz-met routes within 45 days.  Section
2 of the substitute is entirely new. It requires TXDOT and DPS to enter a
memorandum of understanding for the route designation transition from one
agency to the other. 

SECTION 3.  Section 3 of the original was the Emergency Clause and the
effective date was upon passage of the bill. The substitute contains the
same effective date for Section 2, but the effective date for Section 1
was changed to January 1, 1998.  

SECTION 4. The substitute moves the Emergency Clause from Section 3 in the
original.