82R2229 AJZ-F
By: Watson S.B. No. 1137
A BILL TO BE ENTITLED
AN ACT
relating to public participation in the development of
transportation projects by the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 201, Transportation Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. PUBLIC PARTICIPATION
Sec. 201.651. PUBLIC HEARINGS. (a) The commission by rule
shall provide for the department to hold one or more public hearings
for any transportation project owned or operated by the department
for which the department determines that a public hearing is in the
public interest or that:
(1) requires the acquisition of significant amounts of
rights-of-way;
(2) substantially changes the layout or function of
connecting roadways or of a facility being improved;
(3) has a substantial adverse impact on adjoining
property; or
(4) otherwise has a significant social, economic,
environmental, or other impact.
(b) Any interested person may attend a public hearing held
under this section.
Sec. 201.652. PUBLIC COMMENT FOR PUBLIC HEARINGS. The
commission by rule shall:
(1) provide for the public to submit oral or written
comments regarding a project described by Section 201.651;
(2) provide for the department to prepare written
responses to the comments; and
(3) provide for the department to prepare a transcript
of any oral comments submitted under this section.
Sec. 201.653. PUBLIC MEETINGS. The commission by rule
shall provide for the department to hold one or more public meetings
for an informal exchange of information between the department and
the public for a transportation project owned or operated by the
department. The rules must provide for the public meetings to be
held at the earliest possible stage of the project. Any interested
person may attend a public meeting held under this section.
Sec. 201.654. NOTICE OF PUBLIC HEARING OR PUBLIC MEETING.
(a) The department shall provide notice of a public hearing under
Section 201.651 or a public meeting under Section 201.653. The
notice must be clear, easily readable, and informative, and must
include:
(1) the name and a description of the project;
(2) a map or graphic illustration of the project;
(3) the reason for the project;
(4) the purpose of the hearing or meeting;
(5) the location, date, and time of the hearing or
meeting;
(6) a contact telephone number for information about
the hearing or meeting; and
(7) the Internet website address where project
information and the materials used at the hearing or meeting may be
accessed.
(b) The notice required by Subsection (a) must:
(1) be published in a newspaper of general circulation
in the county of the transportation project not less than 7 or more
than 20 days before the date of the hearing or meeting;
(2) be published in English and in the dominant
language of a majority of the county's population if the population
that will be affected by the project is significantly
non-English-speaking; and
(3) be distributed to the public not less than seven
days before the date of the hearing or meeting using methods
suitable for the distribution given the nature of the
transportation project and the populations that may be affected by
the project.
(c) The methods of distributing the notice under Subsection
(b)(3) include:
(1) hand-delivered or mailed notices;
(2) press releases to media outlets; and
(3) dynamic message signs.
Sec. 201.655. SCHEDULING PUBLIC HEARING OR PUBLIC MEETING.
If the department holds more than one public hearing or more than
one public meeting for a transportation project, the department
shall vary the scheduling of the hearings or meetings to
accommodate persons living in different geographic areas affected
by the project and persons with varied work schedules.
Sec. 201.656. PRESENTATION OF INFORMATION. (a) The
department's presentation of information at a public hearing or
meeting must include:
(1) the design and schematic layout of the project;
(2) the problem or need the project will address;
(3) a reference to the department's mission, strategic
plan, or legislative direction that is furthered by the project;
(4) the project's relation to the local planning
process;
(5) an explanation, using diagrams, flowcharts, or
other devices, of the procedural steps of the project and the
estimated timeline for the project; and
(6) a discussion of significant social, economic,
environmental, or other impacts of the project.
(b) The department shall publish on its Internet website any
materials used at a public hearing or public meeting not later than
the third day after the date of the hearing or meeting.
(c) The department shall make available an e-mail address or
Internet website that may be used to submit public comments
concerning a project.
Sec. 201.657. NOTIFYING ADJOINING PROPERTY OWNERS.
(a) The commission by rule shall provide owners of adjoining
property and affected local governments and public officials with
notice and an opportunity for comment on a state highway project
that involves:
(1) the addition of one or more vehicular lanes to an
existing highway; or
(2) the construction of a highway at a new location.
(b) The commission by rule shall provide procedures for
informing adjoining property owners and affected local governments
and public officials of impending construction.
SECTION 2. Subchapter B, Chapter 203, Transportation Code,
is repealed.
SECTION 3. This Act takes effect January 1, 2012.