BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1061

79R11599 E                                                                                                                  By: Whitmire

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/31/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Some municipalities establish mobility programs without the knowledge or guidance of the Texas Department of Transportation (TxDOT).  C.S.S.B. 1061 provides that all mobility programs will be placed under the review of TxDOT and permitted only by an agreement between the local authority and TxDOT.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Department of Transportation in SECTION 1 (Section 542.203, Transportation Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 542.203, Transportation Code, by amending Subsection (a) and adding Subsection (d), as follows:

 

            (a) Prohibits a local authority, unless permitted by an agreement between the local authority and Texas Department of Transportation (TxDOT) under Section 221.002 (Agreements with Municipalities), from establishing a transportation or mobility enhancement program on a state highway, including a farm-to-market or ranch-to-market road, such as a program by which the municipality receives revenue for towing of vehicles located on the highway.  Deletes existing text related to a permitted agreement between the local authority and TxDOT. 

 

            (d) Requires TxDOT to establish rules related to an agreement with a municipality to establish a transportation or mobility enhancement program under Subsection (a)(2).  Requires the rules to contain certain requirements and establish reasonable charges for the program.       

 

SECTION 2.  Effective date: September 1, 2005.