BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 971

81R5064 JTS-D                                                                                                                By: Seliger

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/25/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A study commissioned by the City of Andrews (city) to relieve truck traffic through the populated areas of the city concluded that a local ordinance to designate a truck route creating an outer loop around the city would be the best option.  The relief route would also be used to re-route hazardous waste and eventually be used for future economic development.

 

Currently, the city is acquiring right-of-way for the route, and there is a tentative agreement with the County of Andrews to prepare a road bed.  However, before construction can begin, the city needs the authority to issue local certificates of obligation to pay for the pavement services.

 

The proposed project would be locally developed and funded, and neither the city nor the county have any desire to seek state funding for the project, which would be constructed up to the state's standards.

 

As proposed, S.B. 971 authorizes the governing body of a municipality located in a county in which is located a facility licensed to dispose of low-level radioactive waste to enter into an interlocal contract for the creation of a relief highway route around the municipality and to expend municipal funds and issue certificates of obligation or bonds to pay for expenses associated with a relief highway route.

 

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 Subchapter C, Chapter 791, Government Code, by adding Section 791.034, as follows:

 

Sec. 791.034.  INTERLOCAL CONTRACT FOR RELIEF HIGHWAY ROUTE AROUND CERTAIN MUNICIPALITIES.  (a)  Authorizes the governing body of a municipality located in a county in which is located a facility licensed to dispose of low-level radioactive waste under Chapter 401 (Radioactive Materials and Other Sources of Radiation), Health and Safety Code, to enter into an interlocal contract with the county for the construction and maintenance of a relief highway route around and outside the boundaries of the municipality that the governing body determines will serve a public purpose of the municipality.

 

(b)  Authorizes the municipality to expend municipal funds and issue certificates of obligation or bonds to pay for expenses associated with a relief highway route under Subsection (a).

 

SECTION 2.  Effective date:  upon passage or September 1, 2009.