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


Senate Research CenterH.B. 711
By: Cuellar (Truan)
State Affairs
4-28-97
Committee Report (Amended)


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 under this article 
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.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, line 8, between "rules" and "consistent" insert