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A BILL TO BE ENTITLED
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AN ACT
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relating to the transportation of hazardous materials in |
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high-threat areas; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 201, Transportation Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. TRANSPORTATION OF HAZARDOUS MATERIALS |
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IN HIGH-THREAT AREAS |
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Sec. 201.991. DESIGNATION OF HIGH-THREAT AREAS. The |
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Department of Public Safety, in consultation with the department |
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and the division of emergency management in the office of the |
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governor by rule shall designate high-threat areas in all parts of |
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this state that are prone to potential terrorist attacks. The |
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Department of Public Safety may enter into cooperative agreements |
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with agencies of this state, other states, and the United States in |
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connection with rules adopted under this section. |
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Sec. 201.992. PERMIT REQUIRED. (a) Except as provided by |
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Section 201.993, unless the person holds a permit issued under |
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Subsection (b), a person may not: |
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(1) transport in a high-threat area designated under |
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Section 201.991: |
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(A) explosives of Class 1, Division 1.1, or Class |
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1, Division 1.2, as designated in 49 C.F.R. Section 173.2, in a |
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quantity greater than 500 kilograms; |
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(B) flammable gas of Class 2, Division 2.1, as |
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designated in 49 C.F.R. Section 173.2, in a quantity greater than |
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10,000 liters; |
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(C) poisonous gas of Class 2, Division 2.3, as |
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designated in 49 C.F.R. Section 173.2, in a quantity greater than |
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500 liters, and belonging to hazard zone A or B as defined by 49 |
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C.F.R. Section 173.116; or |
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(D) poisonous material other than gas, of Class |
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6, Division 6.1, in a quantity greater than 1,000 kilograms, and |
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belonging to hazard zone A or B as defined by 49 C.F.R. Section |
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173.133; or |
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(2) operate a vehicle or move a railcar in a |
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high-threat area designated under Section 201.991 that: |
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(A) is capable of carrying material described by |
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Subdivision (1); and |
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(B) has exterior placarding or other markings |
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indicating that the vehicle or railcar contains that material. |
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(b) The department shall issue a permit for the |
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transportation of material described by Subsection (a)(1) or the |
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operation of a vehicle or movement of a railcar described by |
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Subsection (a)(2) in a high-threat area only if the person |
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demonstrates that there is no alternative route that: |
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(1) lies entirely outside the high-threat area; and |
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(2) would not make the transportation or operation |
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cost-prohibitive. |
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(c) The department by rule may adopt safety measures |
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applicable to the holder of a permit under Subsection (b), |
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including restrictions limiting the times of day the permit holder |
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may operate a vehicle or move a railcar under the permit. |
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(d) The department may impose and collect a fee for the |
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issuance of a permit under Subsection (b). The amount of the fee |
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may not exceed the cost of implementing and enforcing this section. |
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Sec. 201.993. EXCEPTION FOR EMERGENCY. Section 201.992(a) |
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does not apply in an emergency, as defined by department rule, if |
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the department determines that the emergency is temporary and |
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threatens the immediate health, safety, or welfare of individuals |
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or property. |
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Sec. 201.994. PENALTY. The department by rule shall |
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establish administrative penalties for a violation of Section |
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201.992. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the Texas Department of Transportation and the |
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Department of Public Safety shall adopt rules to implement |
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Subchapter P, Chapter 201, Transportation Code, as added by this |
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Act. |
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(b) A person is not required to obtain a permit for the |
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transportation of hazardous materials under Section 201.992, |
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Transportation Code, as added by this Act, before January 1, 2010. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |