SRC-AMY S.B. 132 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 132
By: Zaffirini
Intergovernmental Relations
8/18/2003
Enrolled

DIGEST AND PURPOSE 

Current Section 251.009(a), Transportation Code, permits a county with a
population of less than 60,000 to construct cattle guards on county roads.
However, this section prevents counties with 60,000 or more residents from
replacing existing cattle guard, which has become a danger to the public.
S.B. 132 amends the Transportation Code to allow a county commissioners
court to replace or repair any existing cattle guard on a county road.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 251A, Transportation Code, by
adding Section 251.0095, as  follows: 

Sec.  251.0095.  REPLACEMENT AND REPAIR OF EXISTING CATTLE GUARDS ON
COUNTY ROADS.  (a)  Authorizes the commissioners court of a county to
authorize the replacement or repair of an existing cattle guard on a
county road of any class. 

(b)  Authorizes the commissioners court to replace or repair a cattle
guard on a county road of any class and to pay for its replacement or
repair from the county road and bridge fund if the court finds that the
replacement or repair of the cattle guard is in the best interest of the
residents of the county. 

SECTION 2.  Amends the section heading of Section 251.009, Transportation
Code, to read as follows: 

Sec.  251.009.  CONSTRUCTION OF CATTLE GUARDS ON COUNTY ROADS IN CERTAIN
COUNTIES; OFFENSE. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.