SRC-MAX C.S.S.B. 773 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 773
By: Lindsay
State Affairs
4-18-97
Committee Report (Substituted)


DIGEST 

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

Rulemaking authority is granted to a municipality in SECTION 1 (Sec.
545.0651(b), Transportation Code) of this bill.  

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.  Defines
"department" and "highway."  Authorizes a municipality, by ordinance, to
restrict through traffic to two designated lanes of a highway in the
municipality, by class of vehicle.  Requires an ordinance under Subsection
(b) to possess certain characteristics. 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.  Prohibits the municipality from enforcing the restriction
unless certain conditions are fulfilled.  Requires department approval to
fulfill certain conditions.  Authorizes the department's executive
director or the executive director's designee to suspend or rescind
approval under this section for certain reasons.  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 .

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 545.0651, Transportation Code, to add a new Subsection (a),
to define "department" and "highway."  Adds a new Subsection (c) to
require an ordinance under Subsection (b) to be in effect at certain times
and makes allowances for restricted vehicles. Redesignates proposed
Subsection (c) as new Subsection (d), to prohibit the municipality from
enforcing the restriction unless the department's executive directors,
rather than executive director, has approved the restriction.  Adds new
Subsection (e), to require department approval to fulfill certain
conditions.  Redesignates proposed Subsection (d) as  new Subsection (f)
to make a conforming change.  Redesignates proposed Subsection (e) as new
Subsection (g).