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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 387

80R5201 ACP-F                                                                                                               By: Carona

                                                                                                 Transportation & Homeland Security

                                                                                                                                            2/23/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Section 725.001, Transportation Code, prohibits loose material from being transported by certain vehicles without proper covering to prevent blowing or spilling of such material, but refuse and aggregates are not included in the definition of loose material.  This statute is somewhat unclear to both law enforcement and the transportation industry in determining what commodities require mandatory covering. 

 

As proposed, S.B. 387 redefines the term "loose material" to include refuse and aggregates as types of loose material and defines "refuse" and "aggregates." 

 

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 725.001, Transportation Code, to redefine "loose material" and to define "refuse" and "aggregates."

 

SECTION 2.  Amends Section 725.002, Transportation Code, as follows: 

 

Sec. 725.002.  APPLICABILITY.  Deletes existing text excepting a vehicle that is operated at a speed less than 30 miles an hour from application of this chapter (Transportation of Loose Materials).  Makes nonsubstantive changes.

 

SECTION 3.  Amends Section 725.003(a), Transportation Code, to make a conforming change.

 

SECTION 4.  Amends Sections 725.021(c) and (e), Transportation Code, to make conforming and nonsubstantive changes.

 

SECTION 5.  Effective date:  September 1, 2007.