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.