89R12082 JRR-D
By: Cook S.B. No. 1768
A BILL TO BE ENTITLED
AN ACT
relating to a health impact assessment for certain transportation
projects of the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.6045 to read as follows:
Sec. 201.6045. HEALTH IMPACT ASSESSMENT REQUIRED FOR
CERTAIN TRANSPORTATION PROJECTS. (a) In this section, "health
impact assessment" means a comprehensive report that analyzes the
potential health impacts of a proposed transportation project.
(b) Except as provided by Subsection (d), the department, in
conjunction with the Health and Human Services Commission, the
Texas Commission on Environmental Quality, and any applicable
metropolitan planning organization, shall perform a health impact
assessment of a proposed department transportation project that is
subject to review under the National Environmental Policy Act of
1969 (42 U.S.C. Section 4321 et seq.).
(c) A health impact assessment required under this section
must:
(1) evaluate the potential negative and positive
health impacts of the proposed transportation project, including
the anticipated changes to air quality from the project and the
potential health impacts of those changes;
(2) identify the populations affected by the health
impacts and anticipated air quality changes described by
Subdivision (1); and
(3) include mitigation strategies to minimize the
potential adverse impacts and enhance the positive impacts of the
project.
(d) The department may contract with a nongovernmental
organization to perform a health impact assessment required under
this section.
(e) The department shall:
(1) make available to the public on the department's
Internet website a draft of each health impact assessment performed
under this section in English and Spanish before publishing a final
health impact assessment;
(2) provide all interested persons with a period of
not less than 45 days from the date the draft health impact
assessment is published under Subdivision (1) to provide oral or
written comments or data to the department regarding the draft
health impact assessment; and
(3) after the close of the comment period described by
Subdivision (2) and making any revisions to the draft health impact
assessment, publish the final version of the health impact
assessment in the same manner required under Subdivision (1).
(f) The department may not make a final decision on a
proposed transportation project for which a health impact
assessment is required under this section until at least 30 days
after the publication of the final health impact assessment under
Subsection (e)(3).
SECTION 2. Section 201.6045, Transportation Code, as added
by this Act, applies only to a transportation project that becomes
subject to review under the National Environmental Policy Act of
1969 (42 U.S.C. Section 4321 et seq.) on or after the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2025.