CLW S.B. 773 75(R)BILL ANALYSIS


TRANSPORTATION
S.B. 773
By: Lindsay (Mowery)
5-9-97
Committee Report (Unamended)



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 and on certain
roadways has resulted in the need to examine various countermeasures
including the designation of truck lanes.  This bill authorizes a
municipality to restrict to designated lanes on the highway use of a part
of a highway in the municipality by class of vehicle. 

PURPOSE

As proposed, C.S.S.B. 773 authorizes a municipality to restrict to
designated lanes on the highway use of a part of a highway in the
municipality by class of vehicle. 


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 Chapter 545B, Transportation Code, by adding Section
545.0651, as follows: 

Sec.  545.0651.  MUNICIPAL RESTRICTION ON USE OF HIGHWAY.  Subsection (a)
defines "department" and "highway."  Subsection (b) authorizes a
municipality, by ordinance, to restrict through traffic to two designated
lanes of a highway in the municipality, by class of vehicle.  Subsection
(c) requires an ordinance under Subsection (b) to possess certain
characteristics. Subsection (d) requires the municipality to submit to the
Texas Department of Transportation (department) a description of the
proposed restriction before adopting an ordinance under this section and
prohibits the municipality from enforcing the restriction unless certain
conditions are fulfilled.  Subsection (e) requires department approval to
fulfill certain conditions.  Subsection (f) authorizes the department's
executive director or the executive director's designee to suspend or
rescind approval under this section for certain reasons.  Subsection (g)
requires the department to erect and maintain official traffic control
devices necessary to implement and enforce an ordinance adopted and
approved under this section.   
 
SECTION 2. Emergency clause.
  Effective date:  upon passage .