BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2071

79R12456 MTB-F                                                                                       By: Rose (Van de Putte)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

On April 30, 1935, the Texas Highway Commission established the portion of U.S. Highway 281 within Texas' borders as the American Legion Memorial Highway to honor the Texas citizens who served in the United States armed forces.  The Texas Highway Commission Minute Order provided that the American Legion would furnish the decals and the Texas Department of Transportation (TxDOT) would furnish the signs, supports, and installation costs.  TxDOT then installed signs at approximately five-mile intervals in both directions along the highway.  TxDOT recently discovered that the Texas Highway Commission did not have the authority to name the highway in 1935 and TxDOT is therefore no longer maintaining and updating the signs along U.S. Highway 281.

 

H.B. 2071 designates U.S. Highway 281 as the American Legion Memorial Highway.  The American Legion would continue to furnish the decals and TxDOT would continue to furnish the signs, supports, and installation costs.

 

H.B. 2071 does not require TxDOT to design, construct, or erect a marker or sign unless a grant or donation of private funds is made to TxDOT to cover the cost of the design, construction, and erection of the marker or sign.

 

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 B, Chapter 225, Transportation Code, by adding Section 225.059, as follows:

 

Sec. 225.059. AMERICAN LEGION MEMORIAL HIGHWAY.  (a) Provides that U.S. Highway 281 is designated as the American Legion Memorial Highway.

 

(b) Requires the Texas Department of Transportation (department) to design and construct memorial markers including certain information. Requires a marker under this section to be of the same design as markers previously erected by order of the Texas Highway Commission (commission).  Authorizes the department to accept decals from the American Legion for the markers.

 

(c) Requires the department to erect a marker at each end of the highway and at the appropriate intermediate sites along the highway, except as provided by Subsection (d).

 

(d) Provides that the department is not required to design, construct, or erect a marker under this section unless a grant or donation of private funds is made to the department to cover the costs.

 

(e) Requires money received under Subsection (d) to be deposited to the credit of the state highway fund.

 

SECTION 2.  Effective date: September 1, 2005.