1-1 By: Truan, Lucio S.B. No. 1633
1-2 (In the Senate - Filed March 29, 1995; April 4, 1995, read
1-3 first time and referred to Committee on International Relations,
1-4 Trade, and Technology; April 19, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; April 19, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1633 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to requiring the approval of the Texas Transportation
1-11 Commission before a political subdivision or private entity may
1-12 construct or finance the construction of a bridge across the Rio
1-13 Grande.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Chapter 1, Title 116, Revised Statutes, is
1-16 amended by adding Article 6674v-8 to read as follows:
1-17 Art. 6674v-8. APPROVAL BY COMMISSION OF BRIDGE OVER RIO
1-18 GRANDE. (a) A political subdivision or private entity authorized
1-19 to construct or finance the construction of a bridge over the Rio
1-20 Grande must obtain approval from the Texas Transportation
1-21 Commission for the construction of the bridge before requesting
1-22 approval from the federal government under Subchapter IV, Chapter
1-23 11, Title 33, United States Code.
1-24 (b) In determining whether to approve the construction of a
1-25 bridge described by Subsection (a) of this article, the commission
1-26 shall consider:
1-27 (1) the financial resources available to the political
1-28 subdivision or private entity for construction of the bridge;
1-29 (2) whether the revenue to be generated by the bridge
1-30 is sufficient to finance the planning, design, construction,
1-31 operation, and maintenance of the bridge;
1-32 (3) whether the construction of the bridge is
1-33 consistent with the transportation plan adopted by the state and,
1-34 if appropriate, by the metropolitan planning organization having
1-35 jurisdiction over the bridge;
1-36 (4) the potential impact of the bridge on:
1-37 (A) the economy of the region in which the
1-38 bridge is to be located;
1-39 (B) the environment of the region in which the
1-40 bridge is to be located;
1-41 (C) traffic congestion and mobility; and
1-42 (D) the free flow of trade between the United
1-43 Mexican States and this state; and
1-44 (5) commitments from the appropriate jurisdictions of
1-45 the United Mexican States to provide adequate approach roadways to
1-46 the bridge.
1-47 (c) In making its determination, the commission shall seek
1-48 the advice of:
1-49 (1) the Department of Public Safety of the State of
1-50 Texas;
1-51 (2) the Texas Natural Resource Conservation
1-52 Commission;
1-53 (3) the Texas Historical Commission;
1-54 (4) the Department of Agriculture;
1-55 (5) the Texas Alcoholic Beverage Commission;
1-56 (6) the Texas Department of Commerce; and
1-57 (7) any other state agency the commission determines
1-58 is appropriate.
1-59 (d) A political subdivision or private entity seeking the
1-60 approval of the commission under Subsection (a) of this article
1-61 shall submit to the commission a report detailing the feasibility,
1-62 location, economic effects, environmental impact, and any other
1-63 information the commission may by rule require to make its
1-64 determination.
1-65 (e) The commission may adopt rules as necessary to
1-66 administer this article. To the maximum extent practicable, the
1-67 department shall implement the approval process in the manner least
1-68 burdensome to the applicant.
2-1 (f) If the commission fails to make a determination before
2-2 the 121st day after the day the commission receives a request for
2-3 approval under this article, the request is considered approved.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to a bridge for which a political subdivision or private entity
2-6 applies for approval from the federal government on or after the
2-7 effective date of this Act.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *