Texas 2009 - 81st Regular

Texas House Bill HB1675 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7871 JTS-D
2	2	By: McClendon H.B. No. 1675
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transportation of hazardous materials in
8	8	high-threat areas; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 201, Transportation Code, is amended by
11	11	adding Subchapter P to read as follows:
12	12	SUBCHAPTER P. TRANSPORTATION OF HAZARDOUS MATERIALS
13	13	IN HIGH-THREAT AREAS
14	14	Sec. 201.991. DESIGNATION OF HIGH-THREAT AREAS. The
15	15	Department of Public Safety, in consultation with the department
16	16	and the division of emergency management in the office of the
17	17	governor by rule shall designate high-threat areas in all parts of
18	18	this state that are prone to potential terrorist attacks. The
19	19	Department of Public Safety may enter into cooperative agreements
20	20	with agencies of this state, other states, and the United States in
21	21	connection with rules adopted under this section.
22	22	Sec. 201.992. PERMIT REQUIRED. (a) Except as provided by
23	23	Section 201.993, unless the person holds a permit issued under
24	24	Subsection (b), a person may not:
25	25	(1) transport in a high-threat area designated under
26	26	Section 201.991:
27	27	(A) explosives of Class 1, Division 1.1, or Class
28	28	1, Division 1.2, as designated in 49 C.F.R. Section 173.2, in a
29	29	quantity greater than 500 kilograms;
30	30	(B) flammable gas of Class 2, Division 2.1, as
31	31	designated in 49 C.F.R. Section 173.2, in a quantity greater than
32	32	10,000 liters;
33	33	(C) poisonous gas of Class 2, Division 2.3, as
34	34	designated in 49 C.F.R. Section 173.2, in a quantity greater than
35	35	500 liters, and belonging to hazard zone A or B as defined by 49
36	36	C.F.R. Section 173.116; or
37	37	(D) poisonous material other than gas, of Class
38	38	6, Division 6.1, in a quantity greater than 1,000 kilograms, and
39	39	belonging to hazard zone A or B as defined by 49 C.F.R. Section
40	40	173.133; or
41	41	(2) operate a vehicle or move a railcar in a
42	42	high-threat area designated under Section 201.991 that:
43	43	(A) is capable of carrying material described by
44	44	Subdivision (1); and
45	45	(B) has exterior placarding or other markings
46	46	indicating that the vehicle or railcar contains that material.
47	47	(b) The department shall issue a permit for the
48	48	transportation of material described by Subsection (a)(1) or the
49	49	operation of a vehicle or movement of a railcar described by
50	50	Subsection (a)(2) in a high-threat area only if the person
51	51	demonstrates that there is no alternative route that:
52	52	(1) lies entirely outside the high-threat area; and
53	53	(2) would not make the transportation or operation
54	54	cost-prohibitive.
55	55	(c) The department by rule may adopt safety measures
56	56	applicable to the holder of a permit under Subsection (b),
57	57	including restrictions limiting the times of day the permit holder
58	58	may operate a vehicle or move a railcar under the permit.
59	59	(d) The department may impose and collect a fee for the
60	60	issuance of a permit under Subsection (b). The amount of the fee
61	61	may not exceed the cost of implementing and enforcing this section.
62	62	Sec. 201.993. EXCEPTION FOR EMERGENCY. Section 201.992(a)
63	63	does not apply in an emergency, as defined by department rule, if
64	64	the department determines that the emergency is temporary and
65	65	threatens the immediate health, safety, or welfare of individuals
66	66	or property.
67	67	Sec. 201.994. PENALTY. The department by rule shall
68	68	establish administrative penalties for a violation of Section
69	69	201.992.
70	70	SECTION 2. (a) As soon as practicable after the effective
71	71	date of this Act, the Texas Department of Transportation and the
72	72	Department of Public Safety shall adopt rules to implement
73	73	Subchapter P, Chapter 201, Transportation Code, as added by this
74	74	Act.
75	75	(b) A person is not required to obtain a permit for the
76	76	transportation of hazardous materials under Section 201.992,
77	77	Transportation Code, as added by this Act, before January 1, 2010.
78	78	SECTION 3. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2009.