S.B. No. 480
AN ACT
relating to the authority of the Texas Transportation Commission to
enter into a covenant for environmental remediation of real
property owned by the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 202, Transportation Code,
is amended by adding Section 202.061 to read as follows:
Sec. 202.061. ENVIRONMENTAL COVENANT. (a) The commission
may enter into an environmental covenant for the purpose of
subjecting real property in which the department has an ownership
interest to a plan or the performance of work for environmental
remediation if the plan or work performed is first approved by the
Texas Commission on Environmental Quality or a federal agency with
the authority to approve the plan or work under the applicable laws
and regulations.
(b) The environmental covenant must:
(1) contain a legally sufficient description of the
property subject to the covenant;
(2) describe the nature of the contamination on or
under the property, including the contaminants, the source, if
known, and the location and extent of the contamination; and
(3) describe the activity and use limitations on the
property.
(c) The plan or performance of work for environmental
remediation must:
(1) meet applicable state and federal standards for
environmental remediation; and
(2) bring the property into compliance with zoning or
land use controls imposed on the property by each applicable local
government.
(d) For each property for which the commission may enter
into an environmental covenant, the commission by order may
authorize the executive director to execute an environmental
covenant on behalf of the commission. Not less than 30 days before
the date the commission considers a proposed order under this
subsection, the commission must mail to each owner of a property
interest in the applicable property, each adjacent landowner, and
each applicable local government a notice that includes a clear and
concise description of the proposal to enter into the environmental
covenant and a statement of the manner in which written comments may
be submitted to the commission.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 480 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 480 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor