81R7871 JTS-D
By: McClendon H.B. No. 1675
A BILL TO BE ENTITLED
AN ACT
relating to the transportation of hazardous materials in
high-threat areas; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 201, Transportation Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. TRANSPORTATION OF HAZARDOUS MATERIALS
IN HIGH-THREAT AREAS
Sec. 201.991. DESIGNATION OF HIGH-THREAT AREAS. The
Department of Public Safety, in consultation with the department
and the division of emergency management in the office of the
governor by rule shall designate high-threat areas in all parts of
this state that are prone to potential terrorist attacks. The
Department of Public Safety may enter into cooperative agreements
with agencies of this state, other states, and the United States in
connection with rules adopted under this section.
Sec. 201.992. PERMIT REQUIRED. (a) Except as provided by
Section 201.993, unless the person holds a permit issued under
Subsection (b), a person may not:
(1) transport in a high-threat area designated under
Section 201.991:
(A) explosives of Class 1, Division 1.1, or Class
1, Division 1.2, as designated in 49 C.F.R. Section 173.2, in a
quantity greater than 500 kilograms;
(B) flammable gas of Class 2, Division 2.1, as
designated in 49 C.F.R. Section 173.2, in a quantity greater than
10,000 liters;
(C) poisonous gas of Class 2, Division 2.3, as
designated in 49 C.F.R. Section 173.2, in a quantity greater than
500 liters, and belonging to hazard zone A or B as defined by 49
C.F.R. Section 173.116; or
(D) poisonous material other than gas, of Class
6, Division 6.1, in a quantity greater than 1,000 kilograms, and
belonging to hazard zone A or B as defined by 49 C.F.R. Section
173.133; or
(2) operate a vehicle or move a railcar in a
high-threat area designated under Section 201.991 that:
(A) is capable of carrying material described by
Subdivision (1); and
(B) has exterior placarding or other markings
indicating that the vehicle or railcar contains that material.
(b) The department shall issue a permit for the
transportation of material described by Subsection (a)(1) or the
operation of a vehicle or movement of a railcar described by
Subsection (a)(2) in a high-threat area only if the person
demonstrates that there is no alternative route that:
(1) lies entirely outside the high-threat area; and
(2) would not make the transportation or operation
cost-prohibitive.
(c) The department by rule may adopt safety measures
applicable to the holder of a permit under Subsection (b),
including restrictions limiting the times of day the permit holder
may operate a vehicle or move a railcar under the permit.
(d) The department may impose and collect a fee for the
issuance of a permit under Subsection (b). The amount of the fee
may not exceed the cost of implementing and enforcing this section.
Sec. 201.993. EXCEPTION FOR EMERGENCY. Section 201.992(a)
does not apply in an emergency, as defined by department rule, if
the department determines that the emergency is temporary and
threatens the immediate health, safety, or welfare of individuals
or property.
Sec. 201.994. PENALTY. The department by rule shall
establish administrative penalties for a violation of Section
201.992.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Transportation and the
Department of Public Safety shall adopt rules to implement
Subchapter P, Chapter 201, Transportation Code, as added by this
Act.
(b) A person is not required to obtain a permit for the
transportation of hazardous materials under Section 201.992,
Transportation Code, as added by this Act, before January 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.