By: Truan, Lucio, Rosson S.B. No. 1633
A BILL TO BE ENTITLED
AN ACT
1-1 relating to requiring the approval of the Texas Transportation
1-2 Commission before a political subdivision or private entity may
1-3 construct or finance the construction of a bridge across the Rio
1-4 Grande.
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 Art. 6674v-8. APPROVAL BY COMMISSION OF BRIDGE OVER RIO
1-9 GRANDE. (a) A political subdivision or private entity authorized
1-10 to construct or finance the construction of a bridge over the Rio
1-11 Grande must obtain approval from the Texas Transportation
1-12 Commission for the construction of the bridge before requesting
1-13 approval from the federal government under Subchapter IV, Chapter
1-14 11, Title 33, United States Code.
1-15 (b) In determining whether to approve the construction of a
1-16 bridge described by Subsection (a) of this article, the commission
1-17 shall consider:
1-18 (1) the financial resources available to the political
1-19 subdivision or private entity for construction of the bridge;
1-20 (2) whether the revenue to be generated by the bridge
1-21 is sufficient to finance the planning, design, construction,
1-22 operation, and maintenance of the bridge;
1-23 (3) whether the construction of the bridge is
2-1 consistent with the transportation plan adopted by the state and,
2-2 if appropriate, by the metropolitan planning organization having
2-3 jurisdiction over the bridge;
2-4 (4) the potential impact of the bridge on:
2-5 (A) the economy of the region in which the
2-6 bridge is to be located;
2-7 (B) the environment of the region in which the
2-8 bridge is to be located;
2-9 (C) traffic congestion and mobility; and
2-10 (D) the free flow of trade between the United
2-11 Mexican States and this state; and
2-12 (5) commitments from the appropriate jurisdictions of
2-13 the United Mexican States to provide adequate approach roadways to
2-14 the bridge.
2-15 (c) In making its determination, the commission shall seek
2-16 the advice of:
2-17 (1) the Department of Public Safety of the State of
2-18 Texas;
2-19 (2) the Texas Natural Resource Conservation
2-20 Commission;
2-21 (3) the Texas Historical Commission;
2-22 (4) the Department of Agriculture;
2-23 (5) the Texas Alcoholic Beverage Commission;
2-24 (6) the Texas Department of Commerce; and
2-25 (7) any other state agency the commission determines
3-1 is appropriate.
3-2 (d) A political subdivision or private entity seeking the
3-3 approval of the commission under Subsection (a) of this article
3-4 shall submit to the commission a report detailing the feasibility,
3-5 location, economic effects, environmental impact, and any other
3-6 information the commission may by rule require to make its
3-7 determination.
3-8 (e) The commission may adopt rules as necessary to
3-9 administer this article. To the maximum extent practicable, the
3-10 department shall implement the approval process in the manner least
3-11 burdensome to the applicant.
3-12 (f) If the commission fails to make a determination before
3-13 the 121st day after the day the commission receives a request for
3-14 approval under this article, the request is considered approved.
3-15 SECTION 2. The change in law made by this Act applies only
3-16 to a bridge for which a political subdivision or private entity
3-17 applies for approval from the federal government on or after the
3-18 effective date of this Act.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.