79R13023 SLO-D
By: Uresti H.B. No. 3234
Substitute the following for H.B. No. 3234:
By: Eissler C.S.H.B. No. 3234
A BILL TO BE ENTITLED
AN ACT
relating to the provision of and notice concerning safety equipment
required in the construction, repair, rehabilitation, or
alteration of public school facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 44, Education Code, is
amended by adding Sections 44.0411 and 44.0412 to read as follows:
Sec. 44.0411. SAFETY EQUIPMENT PROVISION IN CONTRACTS. (a)
A school district shall include in each contract for construction
of a school facility a requirement that the contractor provide and
install school crossing zone reduced-speed signs with flashing
lights and any safety equipment required for the facility and
school campus to comply with law in effect at the time the contract
is entered into. If there is more than one contract for
construction of the facility, the district shall include the
appropriate safety equipment requirement in each appropriate
contract.
(b) A school district shall include in each contract for
repair, rehabilitation, or alteration of a school facility a
requirement that the contractor provide and install any safety
equipment required by law in effect at the time the contract is
entered into and needed in connection with the portion of the
facility on which the repair, rehabilitation, or alteration is
performed. If there is more than one contract for repair,
rehabilitation, or alteration of the facility, the district shall
include the appropriate safety equipment requirement in each
appropriate contract.
(c) Any safety equipment or device installed by a contractor
in compliance with this section must comply with the requirements
and specifications of the manual adopted under Section 544.001,
Transportation Code.
Sec. 44.0412. NOTICE TO TEXAS DEPARTMENT OF TRANSPORTATION
OR LOCAL ROAD AUTHORITY REQUIRED. (a) In this section, "local road
authority" means the local governmental entity responsible for the
construction, repair, and maintenance of a public highway or
street.
(b) Not later than the 15th day after the date that a school
district approves a plat for construction of a school facility, the
district shall deliver notice of the pending facility construction
to:
(1) the Texas Department of Transportation, if the
facility will adjoin a highway or street that is part of the state
highway system; and
(2) the local road authority, if the facility will
adjoin a highway or street that is not a part of the state highway
system.
(c) The school district shall cooperate with the Texas
Department of Transportation or local road authority, as
applicable, to determine the traffic needs associated with the
proposed school facility.
(d) The Texas Department of Transportation or the local road
authority, as applicable, must approve all devices and safety
equipment included in a contract for the construction of a school
facility under Section 44.0411(a).
SECTION 2. (a) Section 44.0411, Education Code, as added by
this Act, applies to any contract entered into by a school district
for construction, repair, rehabilitation, or alteration of a school
facility on or after September 1, 2005.
(b) Section 44.0412, Education Code, as added by this Act,
applies to any contract entered into by a school district for
construction of a school facility on or after September 1, 2005.
SECTION 3. This Act takes effect September 1, 2005.