1-1     By:  Cuellar (Senate Sponsor - Truan)                  H.B. No. 711

 1-2           (In the Senate - Received from the House April 11, 1997;

 1-3     April 14, 1997, read first time and referred to Committee on State

 1-4     Affairs; April 30, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 10, Nays 0; April 30, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Fraser

 1-7     Amend H.B. 711 as follows:

 1-8           In SECTION 1 of the bill, in proposed Section 3A(a), Article

 1-9     6675d, Revised Statutes, between "rules" and "consistent", (page 1,

1-10     line 19, Engrossed version), insert "under this article".

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to highway route designations for non-radioactive

1-14     hazardous materials.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Article 6675d, Revised Statutes, is amended by

1-17     adding Section 3A to read as follows:

1-18           Sec. 3A.  ROUTING OF NON-RADIOACTIVE HAZARDOUS MATERIALS.

1-19     (a)  The Texas Transportation Commission shall adopt rules

1-20     consistent with 49 C.F.R. Part 397 for the routing of

1-21     non-radioactive hazardous materials.  Rules concerning signage,

1-22     public participation, and procedural requirements may impose more

1-23     stringent requirements than provided in 49 C.F.R. Part 397.  The

1-24     rules shall provide for consultation with a political subdivision

1-25     when a route is being proposed within its jurisdiction.

1-26           (b)  A political subdivision of the state or a state agency

1-27     may designate a route for the transportation of non-radioactive

1-28     hazardous materials over a public road or highway in this state

1-29     only if the Texas Department of Transportation approves the route.

1-30           (c)  The Texas Transportation Commission may designate a

1-31     route for the transportation of non-radioactive hazardous materials

1-32     over any public road or highway in this state.  The designation may

1-33     include a road or highway that is not part of the state highway

1-34     system only on the approval of the governing body of the political

1-35     subdivision that maintains the road or highway.

1-36           (d)  The department shall provide signs for a designated

1-37     route under Subsection (c) over a road or highway that is not part

1-38     of the state highway system.  Notwithstanding Section 222.001,

1-39     Transportation Code, the department may use funds from the state

1-40     highway fund to pay for the signs.  The political subdivision that

1-41     maintains the road or highway shall bear the costs for installation

1-42     and maintenance of the signs.

1-43           SECTION 2.  Before the effective date of Section 3A, Article

1-44     6675d, Revised Statutes, as added by this Act, the  Department of

1-45     Public Safety and the Texas Department of Transportation shall

1-46     enter a memorandum of understanding for the transition of the

1-47     authority for designating routes for the transportation of

1-48     non-radioactive hazardous materials.

1-49           SECTION 3.  This Act takes effect immediately, except Section

1-50     1, which takes effect January 1, 1998.

1-51           SECTION 4.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended,

1-56     and that this Act take effect and be in force according to its

1-57     terms, and it is so enacted.

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