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.