By: Carona S.B. No. 448
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Transportation
to mitigate adverse environmental impacts resulting from the
construction, improvement, or maintenance of state highways or
state highway facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 201.617, Transportation
Code, as transferred by Chapter 281 (H.B. 2702), Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(a) If authorized by an applicable regulatory authority, to
mitigate an adverse environmental impact that is a direct result of
the construction, improvement, or maintenance of a state highway or
the construction, improvement, or maintenance of a facility used in
connection with the construction, maintenance, or operation of a
state highway [improvement project], the department may:
(1) pay a fee to an appropriate public agency or
private entity in lieu of acquiring or agreeing to manage property;
(2) transfer any interest in real property to an
appropriate public agency or private entity, as authorized by the
regulatory authority that requires the mitigation, with or without
monetary consideration if the property is used or is proposed to be
used for mitigation purposes; or
(3) contract with any public or private entity for the
management of property owned by the department and used for
mitigation purposes.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.