BILL ANALYSIS

 

 

 

C.S.H.B. 2736

By: Capriglione

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that current law does not provide an adequate means by which potential conflicts between planned road construction and scheduled public events can be resolved. These parties point to a recent event in the state in which construction on a major thoroughfare occurred during the same time as a long-scheduled major event, leading to major congestion on roadways in the city hosting the event. C.S.H.B. 2736 seeks to remedy this situation by prohibiting, under certain conditions, the temporary closure of segments of the state highway system on days that certain scheduled events are held.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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

 

C.S.H.B. 2736 amends the Transportation Code to require a contract for an improvement to a segment of the state highway system to prohibit a contractor from temporarily closing the highway, including temporarily relocating or changing an entrance or exit ramp to or from the highway, on the date that an event is scheduled to be held in a municipality in which the improvement is being proposed if, not later than 180 days before the date that the event is scheduled to be held, the municipality notifies the Texas Department of Transportation and the contractor of the date.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2736 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subchapter B, Chapter 223, Transportation Code, is amended by adding Section 223.051 to read as follows:

Sec. 223.051.  NOTIFICATION BY MUNICIPALITY OF SCHEDULED EVENT.  A contract for an improvement to a segment of the state highway system must prohibit a contractor from temporarily closing the highway on the date that an event is scheduled to be held in a municipality in which the improvement is being proposed if, not later than 180 days before the date that the event is scheduled to be held, the municipality notifies the department and the contractor of the date.

 

SECTION 1.  Subchapter B, Chapter 223, Transportation Code, is amended by adding Section 223.051 to read as follows:

Sec. 223.051.  NOTIFICATION BY MUNICIPALITY OF SCHEDULED EVENT.  A contract for an improvement to a segment of the state highway system must prohibit a contractor from temporarily closing the highway, including temporarily relocating or changing an entrance or exit ramp to or from the highway, on the date that an event is scheduled to be held in a municipality in which the improvement is being proposed if, not later than 180 days before the date that the event is scheduled to be held, the municipality notifies the department and the contractor of the date.

 

SECTION 2.  Section 223.051, Transportation Code, as added by this Act, applies only to a contract entered into on or after the effective date of this Act.  A contract entered into before the effective date of this Act is governed by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.

 

SECTION 2. Same as introduced version.

 

 

SECTION 3.  This Act takes effect September 1, 2015.

 

SECTION 3. Same as introduced version.