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 * * * * *