| 1 | 1 | | 89R14945 RDR-F |
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| 2 | 2 | | By: Cook S.B. No. 2092 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to establishing a highway construction mitigation program |
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| 10 | 10 | | for certain highway construction projects. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter H, Chapter 201, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 201.626 to read as follows: |
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| 14 | 14 | | Sec. 201.626. HIGHWAY CONSTRUCTION MITIGATION PROGRAM. (a) |
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| 15 | 15 | | In this section: |
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| 16 | 16 | | (1) "Highway construction mitigation program" means |
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| 17 | 17 | | the highway construction mitigation program established under this |
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| 18 | 18 | | section. |
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| 19 | 19 | | (2) "Highway construction project" means a project |
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| 20 | 20 | | involving the construction, maintenance, demolition, or |
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| 21 | 21 | | improvement of a state highway. |
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| 22 | 22 | | (b) For the purpose of mitigating the negative effects of a |
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| 23 | 23 | | highway construction project on adjacent neighborhoods, the |
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| 24 | 24 | | department by rule shall establish and implement a highway |
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| 25 | 25 | | construction mitigation program to fund projects that: |
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| 26 | 26 | | (1) reduce the impact of dust and noise from a highway |
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| 27 | 27 | | construction project and mitigate air quality issues caused by a |
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| 28 | 28 | | highway construction project; |
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| 29 | 29 | | (2) reduce the impact of adverse environmental |
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| 30 | 30 | | consequences caused by a highway construction project; |
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| 31 | 31 | | (3) relocate fencing or other property structures as |
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| 32 | 32 | | necessary to accommodate a highway construction project; and |
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| 33 | 33 | | (4) restore or repair damage caused by a highway |
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| 34 | 34 | | construction project to structures or fixtures located 500 feet or |
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| 35 | 35 | | less from the highway construction project. |
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| 36 | 36 | | (c) The highway construction mitigation program must |
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| 37 | 37 | | provide grants to eligible applicants to fund projects described by |
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| 38 | 38 | | Subsection (b). For purposes of the highway construction |
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| 39 | 39 | | mitigation program, an eligible applicant includes: |
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| 40 | 40 | | (1) the owner of a single-family home or duplex |
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| 41 | 41 | | located 500 feet or less from a highway construction project; |
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| 42 | 42 | | (2) the owner of a multi-family home located 500 feet |
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| 43 | 43 | | or less from a highway construction project; |
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| 44 | 44 | | (3) a religious organization that qualifies under |
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| 45 | 45 | | Section 11.20, Tax Code, that owns a structure located 500 feet or |
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| 46 | 46 | | less from a highway construction project; or |
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| 47 | 47 | | (4) a public school district in which a public school |
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| 48 | 48 | | campus is located 500 feet or less from a highway construction |
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| 49 | 49 | | project. |
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| 50 | 50 | | (d) A metropolitan planning organization or local authority |
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| 51 | 51 | | shall ensure that the department provides highway construction |
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| 52 | 52 | | mitigation program services for each highway construction project |
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| 53 | 53 | | occurring within the boundaries of the organization or authority. |
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| 54 | 54 | | SECTION 2. Notwithstanding Section 201.626, Transportation |
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| 55 | 55 | | Code, as added by this Act, the Texas Department of Transportation |
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| 56 | 56 | | is not required to comply with that section before January 1, 2026. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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