SRC-DPW C.S.S.B. 1195 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1195
By: Shapiro
State Affairs
4/19/1999
Committee Report (Substituted)


DIGEST 

Currently, there is a growing impetus in the state to encourage the use of
recycled products whenever feasible.  It is believed that such action helps
to reduce the amount of material going into landfills. C.S.S.B. 1195
reduces the amount of retainage that the Texas Department of Transportation
(TxDOT) withholds from contractors until completion of a project, from 5
percent of the total cost to 4 percent, if TxDOT-approved materials are
used. 

PURPOSE

As proposed, C.S.S.B. 1195 sets forth requirements for retainage on highway
contracts involving recycled petroleum products.. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 223.010(a), Transportation Code, to require five
percent of a contract price to be retained until an improvement has been
completed, except as provided by Section 223.0105(d). 

SECTION 2. Amends Chapter 223A, Transportation Code, by adding Section
233.0105, as follows: 

Sec. 223.0105. CONTRACTS INVOLVING USE OF RECYCLED PETROLEUM PRODUCTS.
Defines "recycled petroleum product."  Requires the Texas Department of
Transportation (TxDOT) to adopt standards for requiring or permitting a
contract to use recycled petroleum products (recycled products), and
specifications as to the types, qualities, and quantities of recycled
products that may be involved in a contract.  Requires a standard or
specification adopted by TxDOT to be reasonable and is prohibited from
permitting the use of recycled products of a type or quantity or manner
that is a hazard to the public health or the environment.  Requires four
percent of a contract price to be retained until the entire improvement is
completed and accepted if the contract includes the use of recycled
products. 

SECTION 2. (a) Effective date: September 1, 1999.
(b) Requires TxDOT to  adopt standards and specifications necessary to
implement Section 223.0105, Transportation Code, no later than December 31,
1999. 

SECTION 3.Emergency clause.
  


SUMMARY OF COMMITTEE CHANGES

Relating clause.

Provides that this Act relates to contracts involving the use of recycled
products entered into by TxDOT for improvements to state highways and to
the retainage of payments under those contracts. 

 SECTION 1. 

Amends Section 223.010(a), Transportation Code, to require five percent of
a contract price to be retained until an improvement has been completed,
except as provided by Section 223.0105(d). 

SECTION 2. 

Amends Chapter 223A, Transportation Code, by adding Section 223.0105, to
set forth requirements regarding TxDOT standards and specifications for the
use of recycled products under certain contracts.