By: Watson S.B. No. 2017
(In the Senate - Filed March 12, 2009; March 24, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 16, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 16, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2017 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to public participation in the development of
transportation projects by the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.605 to read as follows:
Sec. 201.605. PUBLIC PARTICIPATION. (a) The commission by
rule shall provide for the department to hold, or provide the
opportunity for, one or more public hearings for any transportation
project owned or operated by the department that requires the
acquisition of significant amounts of rights-of-way, substantially
changes the layout or functions of connecting roadways or of a
facility being improved, has a substantial adverse impact on
abutting property, or otherwise has a significant social, economic,
environmental, or other effect, or for which the department
determines that a public hearing is in the public interest. The
rules must provide for the public's submission of oral or written
comments and the department's preparation of written responses to
the comments. The department shall prepare a transcript of any oral
comments submitted.
(b) The commission by rule shall provide for the department
to hold, or provide the opportunity for, one or more public meetings
for an informal exchange of information between the department and
the public for a transportation project owned or operated by the
department. The rules must provide for the public meetings to be
held at the earliest stages of the project as possible.
(c) Notice of a public hearing or a public meeting under
this section must:
(1) be by publication in the locality of the
transportation project not less than seven or more than 20 days
before the date of the hearing or meeting;
(2) be distributed to the public not less than seven
days before the date of the hearing or meeting using methods
suitable for the distribution given the nature of the
transportation project and the populations that may be affected by
it;
(3) be simple, readable, and informative;
(4) include:
(A) the name and description of the project;
(B) a map or graphic illustration of the project;
(C) the reason for the project;
(D) the purpose of the hearing or meeting;
(E) the location, date, and time of the hearing
or meeting;
(F) a contact telephone number for information
about the hearing or meeting; and
(G) the Internet website address where project
information and the materials used at the hearing or meeting may be
viewed; and
(5) if the population that will be affected by the
project is significantly non-English-speaking, also be published
in the dominant language of a majority of that population.
(d) Any interested person may attend a public hearing or a
public meeting held under this section.
(e) The department shall publish on its Internet website any
materials used at a public hearing or public meeting not later than
the third day after the date of the hearing or meeting.
(f) If the department holds more than one public hearing or
one public meeting for a transportation project, the department
shall vary the scheduling of the hearings or meetings to
accommodate persons living in different geographic areas affected
by the project and persons with varied work schedules.
(g) The department's presentation of information at a
public hearing or meeting must include:
(1) the design and schematic layout of the project;
(2) the problem or need to be addressed by the project;
(3) a reference to the part of the department's
mission, strategic plan, or legislative direction that is furthered
by the project, and the project's relation to the local planning
process;
(4) an explanation using diagrams, flowcharts, or
other devices to illustrate procedural steps of the project, and an
estimated timeline leading to the completion of the project; and
(5) a discussion of significant impacts of the
project.
(h) The department shall make available an electronic mail
address or Internet website that may be used to submit public
comments concerning a project.
(i) The commission by rule shall provide owners of adjoining
property and affected local governments and public officials with
notice and an opportunity for comment on a state highway project
that involves:
(1) the addition of one or more vehicular lanes to an
existing highway; or
(2) the construction of a highway at a new location.
(j) The commission by rule shall provide procedures for
informing adjoining property owners and affected local governments
and public officials of impending construction.
SECTION 2. Subchapter B, Chapter 203, Transportation Code,
is repealed.
SECTION 3. This Act takes effect January 1, 2010.
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