BILL ANALYSIS

H.B. 1486

By: Gutierrez

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, a highway sign placed by the Texas Department of Transportation (TxDOT) near the site of a crash to publicly memorialize the victim of an alcohol or controlled substance-related vehicle accident may be posted for one year, and a private memorial may remain indefinitely.  Concerns have been expressed that signs posted by TxDOT are not posted long enough to commemorate the victim or raise awareness about the serious issue of drunk driving.  H.B. 1486 seeks to address those concerns.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1486 amends the Transportation Code to extend from one year to two years the length of time that a sign posted under the memorial sign program for victims of alcohol or controlled substance-related vehicle accidents may remain posted. The bill makes its provisions applicable to each memorial sign erected under provisions of law, regardless of whether the sign was erected before, on, or after the effective date of the bill. The bill specifies that the Texas Department of Transportation (TxDOT) is not required to comply with the bill's provisions if TxDOT determines or is informed by the applicable federal agency that implementation of the bill would result in the loss of federal funds to TxDOT or Texas.  The bill requires TxDOT, if such a determination is made, to submit a report to the lieutenant governor and the speaker of the house of representatives regarding the determination not later than January 1, 2013. The bill makes conforming changes.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.