| 1 | 1 | | 83R3295 JXC-F |
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| 2 | 2 | | By: Harper-Brown, Kolkhorst, Pickett, Frank, H.B. No. 1964 |
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| 3 | 3 | | Martinez |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of the Texas Department of Transportation |
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| 9 | 9 | | to participate in certain federal transportation programs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter H, Chapter 201, Transportation Code, |
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| 12 | 12 | | is amended by adding Section 201.6035 to read as follows: |
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| 13 | 13 | | Sec. 201.6035. AUTHORIZATION TO PARTICIPATE IN CERTAIN |
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| 14 | 14 | | FEDERAL TRANSPORTATION PROGRAMS. (a) The department may assume |
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| 15 | 15 | | responsibilities of the United States Department of Transportation |
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| 16 | 16 | | with respect to duties under the National Environmental Policy Act |
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| 17 | 17 | | of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties |
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| 18 | 18 | | under other federal environmental laws. The department may: |
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| 19 | 19 | | (1) assume responsibilities under 23 U.S.C. Sections |
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| 20 | 20 | | 326 and 327; and |
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| 21 | 21 | | (2) enter into one or more agreements, including |
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| 22 | 22 | | memoranda of understanding, with the United States secretary of |
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| 23 | 23 | | transportation related to: |
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| 24 | 24 | | (A) designating categorical exclusions from |
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| 25 | 25 | | federally required environmental assessments or impact statements |
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| 26 | 26 | | for highway projects as provided by 23 U.S.C. Section 326; or |
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| 27 | 27 | | (B) the federal surface transportation project |
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| 28 | 28 | | delivery program for the delivery of transportation projects, |
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| 29 | 29 | | including highway, railroad, public transportation, and multimodal |
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| 30 | 30 | | projects, as provided by 23 U.S.C. Section 327. |
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| 31 | 31 | | (b) The commission may adopt rules to implement this section |
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| 32 | 32 | | and may adopt relevant federal environmental standards as the |
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| 33 | 33 | | standards for this state for a program described by Subsection (a). |
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| 34 | 34 | | (c) Except as provided by Subsection (d), sovereign |
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| 35 | 35 | | immunity to suit in federal court and from liability is waived and |
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| 36 | 36 | | abolished with regard to the compliance, discharge, or enforcement |
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| 37 | 37 | | of a responsibility assumed by the department under this section. |
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| 38 | 38 | | (d) Subsection (c) does not create liability for the |
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| 39 | 39 | | department that exceeds the liability created under 23 U.S.C. |
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| 40 | 40 | | Section 326(c)(3) or 327(d). |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2013. |
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