By: Darby, Coleman, et al. H.B. No. 3302
A BILL TO BE ENTITLED
AN ACT
rel
ating 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. REGIONALLY APPROPRIATE LANDSCAPING. (a) The
department shall establish guidelines for a beautification project
on a state highway right-of-way that require the use of only
regionally appropriate plants. The guidelines must prioritize the
use of plants that are:
(1) low maintenance; and
(2) drought resistant if used for a beautification
project located in an area of this state that experiences frequent
droughts.
(b) A district may use plants that are not regionally
appropriate for a beautification project if a municipality or
county:
(1) participates in the design and decision to use a
plant that is not regionally appropriate; and
(2) agrees to a long-term maintenance agreement of the
beautification project.
Sec. 392.005. EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)
In this section, "landscaping improvement" means:
(1) the planting of regionally appropriate plants
selected under the guidelines established under Section 392.004; or
(2) the preparation of soil or the installation of
irrigation systems for the growth of plants described by
Subdivision (1).
(b) For each highway project contract that involves the
expenditure of $5 million or more, the department shall allocate
money for landscaping improvements to the district in which the
highway project is located. If the highway project is located in
more than one district, the department shall divide the money
according to the amount under the contract to be spent in each
district. The department, before allocating money to a district,
may take into consideration financial assistance from a political
subdivision or a private organization for landscaping
improvements.
(c) The total amount of money allocated for landscaping
improvements for a highway project contract under Subsection (b)
may not exceed:
(1) one percent of the lesser of:
(A) the estimated total amount to be spent under
contract for construction, maintenance, or improvement of the
highway if that total amount is less than $50 million; or
(B) the actual total amount spent under 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 lesser of:
(A) the estimated total amount to be spent under
contract for construction, maintenance, or improvement of the
highway if that total amount is $50 million or more; or
(B) the actual total amount spent under contract
for construction, maintenance, or improvement of the highway if
that total amount is $50 million or more.
(d) A district that receives money from the department under
Subsection (b) may spend the amount only for landscaping
improvements related to:
(1) the highway project that is the subject of the
contract under Subsection (b); or
(2) another highway or highway segment located in the
district.
(e) This section does not apply to a contract awarded for:
(1) an emergency highway improvement project under
Subchapter C, Chapter 223;
(2) silt and erosion control or repair; and
(3) planting grass required by federal regulation.
SECTION 2. This Act takes effect September 1, 2015.