BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 3089

                                                                                                                            By: Phillips (Deuell)

Transportation & Homeland Security

5/5/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 245, 79th Legislature, Regular Session, 2005, authorized employees or agents of a local authority to solicit a charitable contribution in a roadway if they properly fulfilled a designated application process and furnished advance proof of liability insurance.  However, some municipalities have limited the scope of this law by interpreting a roadway to only be the actual road.

H.B. 3089 defines a roadway for purposes of a local authority's authorization to solicit for a charitable contribution to include the roadbed as well as the shoulder, median, curbs, safety zones, sidewalks, and utility easements located adjacent to the roadway.

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 Section 552.0071, Transportation Code, by adding Subsection (g), to provide that, for purposes of a solicitation under Subsection (a) (regarding solicitation for a charitable contribution), a roadway is defined to include the roadbed, shoulder, median, curbs, safety zones, sidewalks, and utility easements located adjacent to or near the roadway.

SECTION 2.  Effective date: upon passage or September 1, 2007.