Texas 2009 - 81st Regular

Texas Senate Bill SB2017 Compare Versions

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1	1	By: Watson, Shapleigh S.B. No. 2017
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public participation in the development of
7	7	transportation projects by the Texas Department of Transportation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter H, Chapter 201, Transportation Code,
10	10	is amended by adding Section 201.605 to read as follows:
11	11	Sec. 201.605. PUBLIC PARTICIPATION. (a) The commission by
12	12	rule shall provide for the department to hold, or provide the
13	13	opportunity for, one or more public hearings for any transportation
14	14	project owned or operated by the department that requires the
15	15	acquisition of significant amounts of rights-of-way, substantially
16	16	changes the layout or functions of connecting roadways or of a
17	17	facility being improved, has a substantial adverse impact on
18	18	abutting property, or otherwise has a significant social, economic,
19	19	environmental, or other effect, or for which the department
20	20	determines that a public hearing is in the public interest. The
21	21	rules must provide for the public's submission of oral or written
22	22	comments and the department's preparation of written responses to
23	23	the comments. The department shall prepare a transcript of any oral
24	24	comments submitted.
25	25	(b) The commission by rule shall provide for the department
26	26	to hold, or provide the opportunity for, one or more public meetings
27	27	for an informal exchange of information between the department and
28	28	the public for a transportation project owned or operated by the
29	29	department. The rules must provide for the public meetings to be
30	30	held at the earliest stages of the project as possible.
31	31	(c) Notice of a public hearing or a public meeting under
32	32	this section must:
33	33	(1) be by publication in the locality of the
34	34	transportation project not less than seven or more than 20 days
35	35	before the date of the hearing or meeting;
36	36	(2) be distributed to the public not less than seven
37	37	days before the date of the hearing or meeting using methods
38	38	suitable for the distribution given the nature of the
39	39	transportation project and the populations that may be affected by
40	40	it;
41	41	(3) be simple, readable, and informative;
42	42	(4) include:
43	43	(A) the name and description of the project;
44	44	(B) a map or graphic illustration of the project;
45	45	(C) the reason for the project;
46	46	(D) the purpose of the hearing or meeting;
47	47	(E) the location, date, and time of the hearing
48	48	or meeting;
49	49	(F) a contact telephone number for information
50	50	about the hearing or meeting; and
51	51	(G) the Internet website address where project
52	52	information and the materials used at the hearing or meeting may be
53	53	viewed; and
54	54	(5) if the population that will be affected by the
55	55	project is significantly non-English-speaking, also be published
56	56	in the dominant language of a majority of that population.
57	57	(d) Any interested person may attend a public hearing or a
58	58	public meeting held under this section.
59	59	(e) The department shall publish on its Internet website any
60	60	materials used at a public hearing or public meeting not later than
61	61	the third day after the date of the hearing or meeting.
62	62	(f) If the department holds more than one public hearing or
63	63	one public meeting for a transportation project, the department
64	64	shall vary the scheduling of the hearings or meetings to
65	65	accommodate persons living in different geographic areas affected
66	66	by the project and persons with varied work schedules.
67	67	(g) The department's presentation of information at a
68	68	public hearing or meeting must include:
69	69	(1) the design and schematic layout of the project;
70	70	(2) the problem or need to be addressed by the project;
71	71	(3) a reference to the part of the department's
72	72	mission, strategic plan, or legislative direction that is furthered
73	73	by the project, and the project's relation to the local planning
74	74	process;
75	75	(4) an explanation using diagrams, flowcharts, or
76	76	other devices to illustrate procedural steps of the project, and an
77	77	estimated timeline leading to the completion of the project; and
78	78	(5) a discussion of significant impacts of the
79	79	project.
80	80	(h) The department shall make available an electronic mail
81	81	address or Internet website that may be used to submit public
82	82	comments concerning a project.
83	83	(i) The commission by rule shall provide owners of adjoining
84	84	property and affected local governments and public officials with
85	85	notice and an opportunity for comment on a state highway project
86	86	that involves:
87	87	(1) the addition of one or more vehicular lanes to an
88	88	existing highway; or
89	89	(2) the construction of a highway at a new location.
90	90	(j) The commission by rule shall provide procedures for
91	91	informing adjoining property owners and affected local governments
92	92	and public officials of impending construction.
93	93	SECTION 2. Subchapter B, Chapter 203, Transportation Code,
94	94	is repealed.
95	95	SECTION 3. This Act takes effect January 1, 2010.