Texas 2009 - 81st Regular

Texas Senate Bill SB480 Compare Versions

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Old	New	Differences
1	1	S.B. No. 480
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the Texas Transportation Commission to
6	6	enter into a covenant for environmental remediation of real
7	7	property owned by the Texas Department of Transportation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 202, Transportation Code,
10	10	is amended by adding Section 202.061 to read as follows:
11	11	Sec. 202.061. ENVIRONMENTAL COVENANT. (a) The commission
12	12	may enter into an environmental covenant for the purpose of
13	13	subjecting real property in which the department has an ownership
14	14	interest to a plan or the performance of work for environmental
15	15	remediation if the plan or work performed is first approved by the
16	16	Texas Commission on Environmental Quality or a federal agency with
17	17	the authority to approve the plan or work under the applicable laws
18	18	and regulations.
19	19	(b) The environmental covenant must:
20	20	(1) contain a legally sufficient description of the
21	21	property subject to the covenant;
22	22	(2) describe the nature of the contamination on or
23	23	under the property, including the contaminants, the source, if
24	24	known, and the location and extent of the contamination; and
25	25	(3) describe the activity and use limitations on the
26	26	property.
27	27	(c) The plan or performance of work for environmental
28	28	remediation must:
29	29	(1) meet applicable state and federal standards for
30	30	environmental remediation; and
31	31	(2) bring the property into compliance with zoning or
32	32	land use controls imposed on the property by each applicable local
33	33	government.
34	34	(d) For each property for which the commission may enter
35	35	into an environmental covenant, the commission by order may
36	36	authorize the executive director to execute an environmental
37	37	covenant on behalf of the commission. Not less than 30 days before
38	38	the date the commission considers a proposed order under this
39	39	subsection, the commission must mail to each owner of a property
40	40	interest in the applicable property, each adjacent landowner, and
41	41	each applicable local government a notice that includes a clear and
42	42	concise description of the proposal to enter into the environmental
43	43	covenant and a statement of the manner in which written comments may
44	44	be submitted to the commission.
45	45	SECTION 2. This Act takes effect immediately if it receives
46	46	a vote of two-thirds of all the members elected to each house, as
47	47	provided by Section 39, Article III, Texas Constitution. If this
48	48	Act does not receive the vote necessary for immediate effect, this
49	49	Act takes effect September 1, 2009.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I hereby certify that S.B. No. 480 passed the Senate on
53	53	April 2, 2009, by the following vote: Yeas 31, Nays 0.
54	54	______________________________
55	55	Secretary of the Senate
56	56	I hereby certify that S.B. No. 480 passed the House on
57	57	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
58	58	present not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor