BILL ANALYSIS C.S.H.B. 2211 By: Berlanga 03-29-95 Committee Report (Substituted) BACKGROUND Current law, Vernon's Texas Revised Civil Statutes, Article 6674v, does not regulate or control the authority of a political subdivision or private entity to fund and construct a bridge to Mexico. A political subdivision of the state (county, city, municipality) may apply directly to the United States' State Department for an application to construct or finance construction of a bridge between Texas and the Republic of Mexico. The application mechanism is called the Presidential Permit process. The Presidential Permit process was established in 1972 with the passage of the International Bridge Act. The permit application is submitted to the State Department, who considers the opinion of the several state and federal agencies involved. The application is then forwarded to the president for consideration and final decision. Currently, Texas has no guidelines concerning the application for a presidential permit. Therefore, local sponsors may pursue a Presidential Permit without having first obtained the approval of the state. Because the State is often not involved in local planning, the potential exists for conflicts between local projects and statewide transportation planning priorities. For example, it is entirely feasible that a local sponsor could apply for the federal permit to construct an international bridge without the local governmental entity having the resources to finance and construct the necessary approaches to the bridge. PURPOSE To establish a process by which political subdivisions of the state must apply to the state for a permit to construct or finance the construction of an international bridge. The state bridge permitting process should function as a compliment, not a barrier, to the Presidential Permitting process. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 1, Title 16, Revised Statutes, by adding Article 6674v-8 as follows: (a) A political subdivision or private entity must obtain approval from the Texas Transportation Commission for the construction of the bridge before requesting approval from the federal government. (b) The Commission shall consider: the financial resources available; whether revenue generation is sufficient to maintain the bridge; whether the construction of the bridge is consistent with the transportation plan adopted by the state; and the potential impact of the bridge. (c) The Commission shall seek the advice of : the Department of Public Safety; the Historical Commission; the Department of Agriculture; the Texas Alcoholic Beverage Commission; the Texas Department of Commerce; and any other agency the Commission determines is appropriate. (d) A political subdivision or private entity seeking the approval of the commission shall submit a report detailing the feasibility, location, economic effects, environmental impact, and any other information the commission may by rule require to make its determination. (e) The Commission may adopt rules as necessary to administer this article. SECTION 2. The change in law made by this Act applies only to a bridge for which a political subdivision or private entity applies for approval from the federal government on or after the effective date of this Act. SECTION 3. Emergency clause and Effective Date as upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The original version of H.B. 2211 laid out the definitions of "commission"; "political subdivision", "private entity" and "region". The substitute adds a new SECTION 2 which states: The change in law made by this Act applies only to a bridge for which a political subdivision or private entity applies for approval from the federal government on or after the effective date of this Act. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 6:54 p.m. after the rules were suspended on the House floor to meet in public hearing after the posted time, by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 2211 and recognized Representative Berlanga to explain H.B. 2211. The Chair recognized the following person to testify in favor of H.B. 2211. Mike Perez, City of McAllen city manager. The Chair recognized the following person who testified as neutral on H.B. 2211. Jim Bisson, Texas Department of Transportation. The Chair left H.B. 2211 pending before the Committee. Pursuant to a public notice posted on March 23, 1995, at 7:36 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 29, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 2:10 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 2211 by Berlanga which was pending before the committee. Representative Moreno laid out the committee substitute to H.B. 2211 and without objection the substitute was adopted. Representative Alonzo moved that the committee report H.B. 2211, as substituted, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (6), Nayes (0), Absent (3), Present not voting (0).