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.