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


Senate Research CenterS.B. 1444
By: Barrientos
State Affairs
4/25/1999
Committee Report (Amended)


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. Requires
matching funds for all Type II projects to be provided by a local
governmental member of an MPO.  Prohibits the use of state funds for Type
II projects, except the use of personnel for certain purposes regarding
coordination, oversight, and maintenance.  Authorizes the use of state
right of way. 

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

SECTION 8.  Effective date:  September 1, 1999.

SECTION 9.  Emergency clause.
 
SUMMARY OF COMMITTEE CHANGES

SECTION 6.

Amends SECTION 6, by deleting existing Subsection (b), and replacing it
with text regarding funding by a local governmental member, prohibiting the
use of state funds, and authorizing the use of state right of way.