| 1 | 1 | | By: Davis S.B. No. 1466 |
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| 2 | 2 | | (In the Senate - Filed March 6, 2009; March 17, 2009, read |
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| 3 | 3 | | first time and referred to Committee on Natural Resources; |
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| 4 | 4 | | March 25, 2009, rereferred to Committee on Transportation and |
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| 5 | 5 | | Homeland Security; May 4, 2009, reported adversely, with favorable |
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| 6 | 6 | | Committee Substitute by the following vote: Yeas 6, Nays 2; |
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| 7 | 7 | | May 4, 2009, sent to printer.) |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1466 By: Davis |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the procurement of certain cement by the Texas |
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| 14 | 14 | | Department of Transportation. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Subchapter I, Chapter 201, Transportation Code, |
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| 17 | 17 | | is amended by adding Section 201.711 to read as follows: |
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| 18 | 18 | | Sec. 201.711. EXPENDITURES FOR CEMENT. (a) This section |
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| 19 | 19 | | applies only to a department contract that involves the use of |
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| 20 | 20 | | cement that is produced in an area of the state that, on January 1, |
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| 21 | 21 | | 2009, was classified as a moderate nonattainment area for the |
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| 22 | 22 | | eight-hour ozone standard by the United States Environmental |
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| 23 | 23 | | Protection Agency under 42 U.S.C. Section 7511. |
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| 24 | 24 | | (b) In procuring the cement, either directly or through a |
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| 25 | 25 | | subcontract, the department shall specify as the base bid, |
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| 26 | 26 | | proposal, or offer, cement produced from a portland cement kiln |
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| 27 | 27 | | that meets or exceeds regulatory requirements for emissions of |
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| 28 | 28 | | nitrogen oxide from a portland cement kiln that: |
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| 29 | 29 | | (1) utilizes a dry raw material feed precalciner |
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| 30 | 30 | | pyroprocessing technology; and |
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| 31 | 31 | | (2) is located in an area that, on January 1, 2009, was |
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| 32 | 32 | | classified as a moderate nonattainment area for the eight-hour |
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| 33 | 33 | | ozone standard by the United States Environmental Protection Agency |
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| 34 | 34 | | under 42 U.S.C. Section 7511. |
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| 35 | 35 | | SECTION 2. Section 201.711, Transportation Code, as added |
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| 36 | 36 | | by this Act, applies only to a request for bids, proposals, or other |
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| 37 | 37 | | offers by or on behalf of the Texas Department of Transportation |
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| 38 | 38 | | that relates to a contract that involves the purchase of cement that |
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| 39 | 39 | | is published on or after September 1, 2009. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 41 | 41 | | * * * * * |
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