By: Davis S.B. No. 1466

(In the Senate - Filed March 6, 2009; March 17, 2009, read first time and referred to Committee on Natural Resources; March 25, 2009, rereferred to Committee on Transportation and Homeland Security; May 4, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 2; May 4, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1466 By: Davis

A BILL TO BE ENTITLED

AN ACT

relating to the procurement of certain cement by the Texas Department of Transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 201, Transportation Code, is amended by adding Section 201.711 to read as follows:

Sec. 201.711. EXPENDITURES FOR CEMENT. (a) This section applies only to a department contract that involves the use of cement that is produced in an area of the state that, on January 1, 2009, was classified as a moderate nonattainment area for the eight-hour ozone standard by the United States Environmental Protection Agency under 42 U.S.C. Section 7511.

(b) In procuring the cement, either directly or through a subcontract, the department shall specify as the base bid, proposal, or offer, cement produced from a portland cement kiln that meets or exceeds regulatory requirements for emissions of nitrogen oxide from a portland cement kiln that:

(1) utilizes a dry raw material feed precalciner pyroprocessing technology; and

(2) is located in an area that, on January 1, 2009, was classified as a moderate nonattainment area for the eight-hour ozone standard by the United States Environmental Protection Agency under 42 U.S.C. Section 7511.

SECTION 2. Section 201.711, Transportation Code, as added by this Act, applies only to a request for bids, proposals, or other offers by or on behalf of the Texas Department of Transportation that relates to a contract that involves the purchase of cement that is published on or after September 1, 2009.

SECTION 3. This Act takes effect September 1, 2009.

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