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).