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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.