By Truan                                        S.B. No. 1513

      75R8953 DRH-D                           

                                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 for the

 1-9     routing of non-radioactive hazardous materials that are at least as

1-10     stringent as the requirements of 49 C.F.R. Part 397.  The Texas

1-11     Transportation Commission may adopt, consistent with federal law,

1-12     rules that impose more stringent requirements for the routing than

1-13     federal regulations.

1-14           (b)  A political subdivision of the state or a state agency

1-15     may designate a route for the transportation of non-radioactive

1-16     hazardous materials over any public road or highway in this state

1-17     only if the Texas Department of Transportation approves the route.

1-18           (c)  The Texas Transportation Commission may designate a

1-19     route for the transportation of non-radioactive hazardous materials

1-20     over any public road or highway in this state.  The designation may

1-21     include a road or highway that is not part of the state highway

1-22     system only if:

1-23                 (1)  after consultation with the commission, the

1-24     governing body of the political subdivision that maintains the road

 2-1     or highway fails to provide a route that is acceptable to the

 2-2     commission; and

 2-3                 (2)  the commission determines there is a need for the

 2-4     route.

 2-5           (d)  The department shall provide signs for a designated

 2-6     route under Subsection (c) of this section over a road or highway

 2-7     that is not part of the state highway system.  Notwithstanding

 2-8     Section 222.001, Transportation Code, the department may use funds

 2-9     from the state highway fund to pay for the signs.  The political

2-10     subdivision that maintains the road or highway shall bear the costs

2-11     for installation and maintenance of the signs.

2-12           SECTION 2.  Before the effective date of Section 3A, Article

2-13     6675d, Revised Statutes, as added by this Act, the  Department of

2-14     Public Safety and the Texas Department of Transportation shall

2-15     enter a memorandum of understanding for the transition of the

2-16     authority for designating routes for the transportation of

2-17     non-radioactive hazardous materials.

2-18           SECTION 3.  This Act takes effect immediately, except Section

2-19     1, which takes effect January 1, 1998.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force according to its

2-26     terms, and it is so enacted.