TWT H.B. 3092 75(R)BILL ANALYSIS TRANSPORTATION H.B. 3092 By: Jones, Jesse 5-8-97 Committee Report (Substituted) BACKGROUND A school district or county is not required to provide transportation for children living within a two mile radius of the school they attend. The school district or county may petition the commissioner of education for funds to transport children living in a hazardous condition. School children who live within the two mile radius can use public transportation to and from school. Current hazardous condition along the route lines of some public buses has cause some parents and school officials to be concerned about the safety of these school children. The two reported death of school children riding public transportation have heighten these concerns. PURPOSE C.S.H.B. 3092 would require public transportation, acquired on or after Sept. 1, 1997, to be equipped with two or more flashing amber hazard lamps, which are visible from 500 feet away, mounted on the rear of the bus. The lamps must be operated when loading or unloading a person age 18 years old or younger. The bus also must have a "Caution--children may be exiting" sign on the rear of the bus. 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 L, Chapter 547, Transportation Code, by adding Section 547.7011. (a) Requires a public transportation bus, acquired on or after September 1, 1997, to be equipped with two or more flashing amber hazard lamps, which are visible from 500 feet away, mounted on the rear of the bus. (b) Requires the operator of the bus to activate the hazard lamps if the bus stops to load or unload a person under 18 years of age. (c) Requires the bus to have a "Caution--children may be exiting" sign on the rear of the bus. SECTION 2. Effective Date -- September 1, 1997. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute changes the caption of the original to conform to the body of the bill. SECTION 1. Subsection (a) of the original required a public transportation bus, other than a school bus, to be equipped with a visual signal to warn other drivers that the bus may be stopping to load or unload persons under the age of 18. The original allows the bus owner to design the signal, which must be conspicuous and require other vehicles to stop. The substitute deletes Subsection (a) in its entirety and adds new language requiring buses acquired on or after September 1, 1997, to be equipped with two or more flashing amber hazard lamps, which are visible from 500 feet away, mounted on the rear of the bus. Subsection (b) of the original requires the bus operator to activate the warning equipment if the bus stops to load or unload a person under the age of 18 at a location within two miles of a school during the two-hour period before and after school. Subsection (b) of the substitute retains the provision requiring the bus operator to activate the hazard lamps if the bus stops to load or unload a person under the age of 18, but deletes the requirements that the signals be operated within two miles of a school and during the two-hours before and after school. Subsection (c) of the substitute is new and was not contained in the original. It requires the bus to have a "Caution--children may be exiting" sign on the rear of the bus. SECTION 2. The substitute deleted Section 2 of the original entirely. Section 2 of the original amended Sec. 545.006 (a) and (b), Transportation Code, referring to circumstances where a driver of a vehicle would be required to stop while approaching a bus stopped on the road to load or unload school children. Section 2 of the substitute is now the effective date, which was contained in Section 4 of the original. SECTION 3. The substitute deleted Section 3 of the original entirely. Section 3 of the original required buses to add warning signals by January 1, 1998. The is changed to the effective date in the substitute. Section 3 of the substitute is now the emergency clause. SECTIONS 4 and 5. The substitute deleted Sections 4 and 5 of the original entirely. Section 4 of the original set the effective date, which is now contained in Section 2 of the substitute. Section 5 of the original set the emergency clause, which is now contained in Section 3 of the substitute.