By Berlanga H.B. No. 2211
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a political subdivision or private
1-3 entity to construct or finance the construction of a bridge to
1-4 Mexico.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-7 amended by adding Article 6674v-8 to read as follows:
1-8 Sec. 1. In this article:
1-9 (1) "Commission" means the Texas Transportation
1-10 Commission.
1-11 (2) "Political subdivision" means a county,
1-12 municipality, or special district created under state law.
1-13 (3) "Private entity" means any individual, company,
1-14 corporation or other private interest.
1-15 (4) "Region" means those geographical areas of Texas
1-16 and the United Mexican States affected by the project.
1-17 Sec. 2. (a) A political subdivision or private entity
1-18 authorized by law to construct or to finance the construction of a
1-19 bridge over the part of the Rio Grande that forms the border
1-20 between Texas and the United Mexican States shall obtain the
1-21 commission's approval for any new crossing prior to requesting
1-22 approval from the United States Secretary of State pursuant to the
1-23 International Bridge Act of 1972, 33 U.S.C. Sec. 535, et seq.. In
2-1 determining whether to approve such project, the commission shall
2-2 secure the advice and recommendations of the Texas Department of
2-3 Public Safety, the Texas Natural Resource Conservation Commission,
2-4 the Texas Historical Commission, the Texas Department of
2-5 Agriculture, the Texas Alcoholic Beverage Commission, the Texas
2-6 Department of Commerce, and any other state agency the commission
2-7 deems appropriate to determine the necessity for such bridge.
2-8 (b) The commission shall adopt procedural and substantive
2-9 rules for the approval of construction of a bridge governed by this
2-10 section. Such rules shall include, but are not limited to
2-11 consideration of:
2-12 (1) the comments and recommendations of the state
2-13 agencies consulted pursuant to subsection (a) of this section;
2-14 (2) the financial resources available to the political
2-15 subdivision to construct or finance the construction of the bridge;
2-16 (3) the financial feasibility of the project based
2-17 upon its ability to generate revenue sufficient to finance the
2-18 construction, maintenance, operation, design, and planning of the
2-19 project;
2-20 (4) the consistency of the project with the adopted
2-21 state transportation plan and, if pertinent, the regional
2-22 transportation plan adopted by a metropolitan planning organization
2-23 having jurisdiction in the project area; and
2-24 (5) the potential impact of the bridge on:
2-25 (A) the economy of the region in which the
3-1 bridge is to be located;
3-2 (B) the environmental impacts in the region in
3-3 which the bridge is located;
3-4 (C) traffic congestion and mobility; and
3-5 (D) the free flow of trade between the United
3-6 Mexican States and the State of Texas.
3-7 (c) Prior to requesting commission approval of the project,
3-8 the political subdivision or private entity shall conduct studies
3-9 concerning the feasibility, location, and economic and
3-10 environmental impacts, and shall provide the results of such
3-11 studies and any other information the commission may require by
3-12 rule as necessary for its consideration under subsection (b) of
3-13 this section.
3-14 SECTION 2. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended,
3-19 and that this Act take effect and be in force from and after its
3-20 passage, and it is so enacted.