74R8484 DRH-F
By Berlanga H.B. No. 2211
Substitute the following for H.B. No. 2211:
By Moreno C.S.H.B. No. 2211
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the approval of the Texas Transportation
1-3 Commission before a political subdivision or private entity may
1-4 construct or finance the construction of a bridge across the Rio
1-5 Grande.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-8 amended by adding Article 6674v-8 to read as follows:
1-9 Art. 6674v-8. APPROVAL BY COMMISSION OF BRIDGE OVER RIO
1-10 GRANDE. (a) A political subdivision or private entity authorized
1-11 to construct or finance the construction of a bridge over the Rio
1-12 Grande must obtain approval from the Texas Transportation
1-13 Commission for the construction of the bridge before requesting
1-14 approval from the federal government under Subchapter IV, Chapter
1-15 11, Title 33, United States Code.
1-16 (b) In determining whether to approve the construction of a
1-17 bridge described by Subsection (a) of this article, the commission
1-18 shall consider:
1-19 (1) the financial resources available to the political
1-20 subdivision or private entity for construction of the bridge;
1-21 (2) whether the revenue to be generated by the bridge
1-22 is sufficient to finance the planning, design, construction,
1-23 operation, and maintenance of the bridge;
2-1 (3) whether the construction of the bridge is
2-2 consistent with the transportation plan adopted by the state and,
2-3 if appropriate, by the metropolitan planning organization having
2-4 jurisdiction over the bridge; and
2-5 (4) the potential impact of the bridge on:
2-6 (A) the economy of the region in which the
2-7 bridge is to be located;
2-8 (B) the environment of the region in which the
2-9 bridge is to be located;
2-10 (C) traffic congestion and mobility; and
2-11 (D) the free flow of trade between the United
2-12 Mexican States and this state.
2-13 (c) In making its determination, the commission shall seek
2-14 the advice of:
2-15 (1) the Department of Public Safety of the State of
2-16 Texas;
2-17 (2) the Texas Natural Resource Conservation
2-18 Commission;
2-19 (3) the Texas Historical Commission;
2-20 (4) the Department of Agriculture;
2-21 (5) the Texas Alcoholic Beverage Commission;
2-22 (6) the Texas Department of Commerce; and
2-23 (7) any other state agency the commission determines
2-24 is appropriate.
2-25 (d) A political subdivision or private entity seeking the
3-1 approval of the commission under Subsection (a) of this article
3-2 shall submit to the commission a report detailing the feasibility,
3-3 location, economic effects, environmental impact, and any other
3-4 information the commission may by rule require to make its
3-5 determination.
3-6 (e) The commission may adopt rules as necessary to
3-7 administer this article.
3-8 SECTION 2. The change in law made by this Act applies only
3-9 to a bridge for which a political subdivision or private entity
3-10 applies for approval from the federal government on or after the
3-11 effective date of this Act.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.