By: Darby H.B. No. 3302
A BILL TO BE ENTITLED
AN ACT
relating to highway landscaping projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 392, Transportation Code,
is amended by adding Sections 392.004 and 392.005 to read as
follows:
Sec. 392.004. NATIVE OR REGIONALLY APPROPRIATE
LANDSCAPING. The department shall establish guidelines for
beautification projects on state highway rights-of-way that
require the projects to use only native or regionally appropriate
plants. The guidelines must prioritize the use of plants that are:
(1) low maintenance; and
(2) drought resistant if used for a project located in
an area of this state that experiences frequent droughts.
Sec. 392.005. EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)
In this section, "landscaping improvement" means:
(1) the planting of native or regionally appropriate
plants selected under the guidelines established under Section
392.004; or
(2) the preparation of the soil and installation of
irrigation systems for the growth of plants described by
Subdivision (1).
(b) For each contract for a highway project that is in an
amount of [$5] million or more, the department shall allocate money
for landscaping improvements to the district or districts in which
the project is located. If the project is located more than one
district, the department shall divide the allocation according to
the amount under the contract to be spent in each district.
(c) The total amount allocated for a contract under
Subsection (b) may not exceed:
(1) one percent of the total amount to be spent under
the contract for construction, maintenance, or improvement of the
highway if that total amount is less than $50 million; or
(2) one-half of one percent of the total amount to be
spent under the contract for construction, maintenance, or
improvement of the highway if that total amount is $50 million or
more.
(d) A district that receives an allocation under Subsection
(b) may spend the amount only for landscaping improvements
associated with:
(1) the highway project that is the subject of the
contract for which the allocation is made; or
(2) another highway or highway segment located in the
district.
SECTION 2. This Act takes effect September 1, 2015.