Texas 2009 - 81st Regular

Texas Senate Bill SB448 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 448
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the Texas Department of Transportation
6	6	to mitigate adverse environmental impacts resulting from the
7	7	construction, improvement, or maintenance of state highways or
8	8	state highway facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 201.617, Transportation
11	11	Code, as transferred by Chapter 281 (H.B. 2702), Acts of the 79th
12	12	Legislature, Regular Session, 2005, is amended to read as follows:
13	13	(a) If authorized by an applicable regulatory authority, to
14	14	mitigate an adverse environmental impact that is a direct result of
15	15	the construction, improvement, or maintenance of a state highway or
16	16	the construction, improvement, or maintenance of a facility used in
17	17	connection with the construction, maintenance, or operation of a
18	18	state highway [improvement project], the department may:
19	19	(1) pay a fee to an appropriate public agency or
20	20	private entity in lieu of acquiring or agreeing to manage property;
21	21	(2) transfer any interest in real property to an
22	22	appropriate public agency or private entity, as authorized by the
23	23	regulatory authority that requires the mitigation, with or without
24	24	monetary consideration if the property is used or is proposed to be
25	25	used for mitigation purposes; or
26	26	(3) contract with any public or private entity for the
27	27	management of property owned by the department and used for
28	28	mitigation purposes.
29	29	SECTION 2. This Act takes effect immediately if it receives
30	30	a vote of two-thirds of all the members elected to each house, as
31	31	provided by Section 39, Article III, Texas Constitution. If this
32	32	Act does not receive the vote necessary for immediate effect, this
33	33	Act takes effect September 1, 2009.
34	34	______________________________ ______________________________
35	35	President of the Senate Speaker of the House
36	36	I hereby certify that S.B. No. 448 passed the Senate on
37	37	April 2, 2009, by the following vote: Yeas 31, Nays 0.
38	38	______________________________
39	39	Secretary of the Senate
40	40	I hereby certify that S.B. No. 448 passed the House on
41	41	May 27, 2009, by the following vote: Yeas 148, Nays 0, one present
42	42	not voting.
43	43	______________________________
44	44	Chief Clerk of the House
45	45	Approved:
46	46	______________________________
47	47	Date
48	48	______________________________
49	49	Governor