AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Federal transportation funding for Texas is primarily allocated from the Federal Highway Trust Fund and consists of guaranteed programs and discretionary programs.  Funding levels for guaranteed programs are set in federal legislation—currently the Safe, Accountable, Flexible, and Efficient Transportation Equity Act.  Funding for discretionary programs is determined by various federal transportation agencies, which select projects based on applications received.

 

The state has missed opportunities to receive certain transportation-related federal funds, such as those offered under the Scenic Byways Program and the grant to prohibit racial profiling.  Additionally, the state may forgo federal funds offered for hazardous materials transportation and commercial motor vehicle enforcement in the future.  This is the result of issues surrounding the state's current method of transportation planning and gaps in Texas statutes.

 

S.B. 1018 works to amend state statutes to meet federal requirements for certain discretionary grant programs and improve Texas' transportation planning process to increase the state's eligibility for additional federal funding opportunities.

 

As proposed, S.B. 1018 amends current law relating to state actions necessary to maximize federal funding for certain transportation projects and activities in this state.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to Texas Department of Motor Vehicles in SECTION 4 (Section 645.005, Transportation Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 2.133, Code of Criminal Procedure, by adding Subsection (c), follows:

 

(c) Requires a report under Subsection (b) (relating to information relating to a motor vehicle stop to be included in a report to the law enforcement agency that employs the officer) to also include the race or ethnicity of each passenger in the motor vehicle, as stated by the passenger or, if the passenger does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability.

 

SECTION 2.  Amends Section 201.601, Transportation Code, by adding Subsection (e), as follows:

 

(e) Requires that the statewide transportation plan include a component that evaluates future federal funding opportunities for all modes of transportation and identifies actions necessary to maximize the total amount of federal funds received in the future for transportation improvements in this state.

 

SECTION 3.  Amends the heading to Chapter 645, Transportation Code, to read as follows:

 

CHAPTER 645. REGISTRATION FOR OPERATION IN MULTIPLE STATES

 

SECTION 4.  Amends Chapter 645, Transportation Code, by adding Section 645.005, as follows:

 

Sec. 645.005.  UNIFORM HAZARDOUS MATERIALS TRANSPORTATION.  Requires the Texas Department of Motor Vehicles by rule to establish, implement, and administer the terms of the uniform program for hazardous materials transportation registration and permitting developed by the Alliance for Uniform Hazmat Transportation Procedures under 49 U.S.C. Section 5119.

 

SECTION 5.  Effective date: September 1, 2011.