S.B. 132 78(R)    BILL ANALYSIS


S.B. 132
By: Zaffirini
County Affairs
Committee Report (Unamended)



BACKGROUND 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 more than 60,000 residents
from replacing existing cattle guard, which has become a danger to the
public.  As proposed, 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
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1.  Amends 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: Effective immediately if it receives a vote of
two-thirds. If not, this Act takes effect September 1, 2003. 


EFFECTIVE DATE
Effective immediately if it receives a vote of two-thirds. If not, this
Act takes effect September 1, 2003.