SRC-AXB S.B. 1444 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1444
76R7375  JD-DBy: Barrientos
Infrastructure
4/12/1999
As Filed


DIGEST 

Currently, studies are required to determine noise levels in neighborhoods
adjacent to proposed transportation construction projects.  If harmful
noise levels will result from the project, noise barriers called Type I
noise barriers must be erected.  Type II retrofit noise barriers are
allowed, but not required, to be erected, and because Texas does not have a
policy on Type II noise barriers, no federal funds can be used to erect
them.  S.B. 1444 establishes a statewide policy on the construction of Type
II noise barriers. 

PURPOSE

As proposed, S.B. 1444 creates provisions for abating identifiable highway
noise with Type II projects. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Transportation
in SECTION 7 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  FINDINGS.  Sets forth legislative findings regarding traffic
noise. 

SECTION 2.  DEFINITIONS.  Defines "department," "metropolitan planning
organization," and "Type II project." 

SECTION 3.  PURPOSE.  Provides that the purpose of this Act is to establish
a statewide policy for noise abatement measures and for the planning and
design of highways approved under Title 23, United States Code. 

SECTION 4.  COOPERATION OF METROPOLITAN PLANNING ORGANIZATIONS AND
DEPARTMENT.  Requires a metropolitan planning organization (MPO) decision
regarding a Type II project to be made in cooperation with the Texas
Department of Transportation (TxDOT). 

SECTION 5.  APPLICABILITY AND OBJECTIVE.  Sets forth required situations to
authorize MPO consideration as a Type II project.  Provides that MPO should
make every reasonable effort to reduce highway noise, if a Type II project
is considered. 

SECTION 6.  FUNDING FOR TYPE II PROJECTS.  Restricts the funding of a Type
II project to federal funds available under 23 C.F.R. Part 772.  Limits
state participation in a Type II project to a TxDOT maintained freeway or
parkway. 

SECTION 7.  Requires TxDOT to adopt rules by January 1, 2000.

SECTION 8.  Effective date:  September 1, 1999.

SECTION 9.  Emergency clause.