By Cuellar H.B. No. 711
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to highway route designations for non-radioactive
1-3 hazardous materials.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6675d, Revised Statutes, is amended by
1-6 adding Section 3A to read as follows:
1-7 Sec. 3A. ROUTING OF NON-RADIOACTIVE HAZARDOUS MATERIALS.
1-8 (a) The Texas Transportation Commission shall adopt rules
1-9 consistent with 49 C.F.R. Part 397 for the routing of
1-10 non-radioactive hazardous materials. Rules concerning signage,
1-11 public participation, and procedural requirements may impose more
1-12 stringent requirements than provided in 49 C.F.R. Part 397. The
1-13 rules shall provide for consultation with a political subdivision
1-14 when a route is being proposed within its jurisdiction.
1-15 (b) A political subdivision of the state or a state agency
1-16 may designate a route for the transportation of non-radioactive
1-17 hazardous materials over a public road or highway in this state
1-18 only if the Texas Department of Transportation approves the route.
1-19 (c) The Texas Transportation Commission may designate a
1-20 route for the transportation of non-radioactive hazardous materials
1-21 over any public road or highway in this state. The designation may
1-22 include a road or highway that is not part of the state highway
1-23 system only on the approval of the governing body of the political
1-24 subdivision that maintains the road or highway.
2-1 (d) The department shall provide signs for a designated
2-2 route under Subsection (c) over a road or highway that is not part
2-3 of the state highway system. Notwithstanding Section 222.001,
2-4 Transportation Code, the department may use funds from the state
2-5 highway fund to pay for the signs. The political subdivision that
2-6 maintains the road or highway shall bear the costs for installation
2-7 and maintenance of the signs.
2-8 SECTION 2. Before the effective date of Section 3A, Article
2-9 6675d, Revised Statutes, as added by this Act, the Department of
2-10 Public Safety and the Texas Department of Transportation shall
2-11 enter a memorandum of understanding for the transition of the
2-12 authority for designating routes for the transportation of
2-13 non-radioactive hazardous materials.
2-14 SECTION 3. This Act takes effect immediately, except Section
2-15 1, which takes effect January 1, 1998.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force according to its
2-22 terms, and it is so enacted.