89R14945 RDR-F
By: Cook S.B. No. 2092
A BILL TO BE ENTITLED
AN ACT
relating to establishing a highway construction mitigation program
for certain highway construction projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.626 to read as follows:
Sec. 201.626. HIGHWAY CONSTRUCTION MITIGATION PROGRAM. (a)
In this section:
(1) "Highway construction mitigation program" means
the highway construction mitigation program established under this
section.
(2) "Highway construction project" means a project
involving the construction, maintenance, demolition, or
improvement of a state highway.
(b) For the purpose of mitigating the negative effects of a
highway construction project on adjacent neighborhoods, the
department by rule shall establish and implement a highway
construction mitigation program to fund projects that:
(1) reduce the impact of dust and noise from a highway
construction project and mitigate air quality issues caused by a
highway construction project;
(2) reduce the impact of adverse environmental
consequences caused by a highway construction project;
(3) relocate fencing or other property structures as
necessary to accommodate a highway construction project; and
(4) restore or repair damage caused by a highway
construction project to structures or fixtures located 500 feet or
less from the highway construction project.
(c) The highway construction mitigation program must
provide grants to eligible applicants to fund projects described by
Subsection (b). For purposes of the highway construction
mitigation program, an eligible applicant includes:
(1) the owner of a single-family home or duplex
located 500 feet or less from a highway construction project;
(2) the owner of a multi-family home located 500 feet
or less from a highway construction project;
(3) a religious organization that qualifies under
Section 11.20, Tax Code, that owns a structure located 500 feet or
less from a highway construction project; or
(4) a public school district in which a public school
campus is located 500 feet or less from a highway construction
project.
(d) A metropolitan planning organization or local authority
shall ensure that the department provides highway construction
mitigation program services for each highway construction project
occurring within the boundaries of the organization or authority.
SECTION 2. Notwithstanding Section 201.626, Transportation
Code, as added by this Act, the Texas Department of Transportation
is not required to comply with that section before January 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.