75R9488 DRH-D By Cuellar, McClendon H.B. No. 711 Substitute the following for H.B. No. 711: By Siebert C.S.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. 1-13 (b) A political subdivision of the state or a state agency 1-14 may designate a route for the transportation of non-radioactive 1-15 hazardous materials over a public road or highway in this state 1-16 only if the Texas Department of Transportation approves the route. 1-17 (c) The Texas Transportation Commission may designate a 1-18 route for the transportation of non-radioactive hazardous materials 1-19 over any public road or highway in this state. The designation may 1-20 include a road or highway that is not part of the state highway 1-21 system only on the approval of the governing body of the political 1-22 subdivision that maintains the road or highway. 1-23 (d) The department shall provide signs for a designated 1-24 route under Subsection (c) over a road or highway that is not part 2-1 of the state highway system. Notwithstanding Section 222.001, 2-2 Transportation Code, the department may use funds from the state 2-3 highway fund to pay for the signs. The political subdivision that 2-4 maintains the road or highway shall bear the costs for installation 2-5 and maintenance of the signs. 2-6 SECTION 2. Before the effective date of Section 3A, Article 2-7 6675d, Revised Statutes, as added by this Act, the Department of 2-8 Public Safety and the Texas Department of Transportation shall 2-9 enter a memorandum of understanding for the transition of the 2-10 authority for designating routes for the transportation of 2-11 non-radioactive hazardous materials. 2-12 SECTION 3. This Act takes effect immediately, except Section 2-13 1, which takes effect January 1, 1998. 2-14 SECTION 4. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended, 2-19 and that this Act take effect and be in force according to its 2-20 terms, and it is so enacted.