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F I S C A L I M P A C T R E P O R T

SPONSOR Vigil

DATE TYPED 2/05/05

HB 663

SHORT TITLE DPS Authority to Close Highways

SB

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NA

NA

NA

NA

NA

NA

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

Department of Public Safety (DPS)

No Response

Department of Transportation (DOT)

SUMMARY

Synopsis of Bill

House Bill 663 changes existing statute from providing power to the State Police to the Depart-

ment of Public Safety to close highways in emergencies.

PERFORMANCE IMPLICATIONS

DPS states the department has provided direction to ensure the Motor Transportation Division

and the Special Investigation Division focus their resources and personnel on their primary re-

sponsibilities, which include the enforcement of the Motor Carriers Act, Liquor Control Act and

Gaming Act. DPS feels this change in language in this bill could take personnel away from

those important responsibilities.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

DPS states the proposed legislation is redundant and unnecessary. The current law allows any

House Bill 663 -- Page 2

law enforcement officer to temporarily close a roadway when they feel the closure is necessary

to ensure the safety of the motoring public. DPS reports this can occur for a variety of reasons,

for example:

•

Traffic hazards such as a vehicle accident where the vehicles are blocking the roadway;

•

The preservation of a crime scene where there may be evidence in the roadway; and

•

A weather related situation, such as a dust storm which is creating visibility problems.

The Motor Transportation Division of the Department of Public Safety is currently able to tem-

porarily close a roadway if the situation necessitates its closure to ensure public safety. The Spe-

cial Investigation Division of DPS has the authority to temporarily close a roadway if the situa-

tion necessitates its closure to ensure public safety. However, they do not operate marked vehi-

cles with adequate emergency equipment to perform this function. DPS reports their attempts to

close a roadway are reserved for the most serious situations and only until a marked vehicle can

respond and assist.

OTHER SUBSTANTIVE ISSUES

DPS reports they have an excellent working relationship with the Department of Transportation

in which they have established protocols for dealing with these road closure situations. DPS

feels there is no compelling need to change a system that works and is designed to ensure the

safety of the motoring public and their ability to travel freely without unnecessary delay.

RLP/rs