By:  Barrientos, Nelson                               S.B. No. 1444
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to noise abatement measures on certain highways in this
 1-2     state.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  FINDINGS.  The legislature finds that:
 1-5                 (1)  excessive noise is a form of environmental
 1-6     pollution;
 1-7                 (2)  highway traffic is a major source of noise
 1-8     pollution which affects more people than other forms of noise
 1-9     pollution and is more continuous in nature than most other noise
1-10     pollution sources;
1-11                 (3)  highway traffic on existing urban roadways lowers
1-12     the quality of life and property values for persons residing near
1-13     those roadways;
1-14                 (4)  this state currently has no policy relating to
1-15     procedures for the abatement of highway traffic noise or the
1-16     construction or installation of measures to abate highway traffic
1-17     noise;
1-18                 (5)  decisions regarding the abatement of highway
1-19     traffic noise and the conditions under which noise abatement
1-20     projects should be approved are best made at the local level; and
1-21                 (6)  metropolitan planning organizations authorized by
1-22     federal law and designated by the governor are demonstrably capable
1-23     of addressing highway noise impacts and making decisions regarding
1-24     the abatement of highway noise.
 2-1           SECTION 2.  DEFINITIONS.  In this Act:
 2-2                 (1)  "Department" means the Texas Department of
 2-3     Transportation.
 2-4                 (2)  "Metropolitan planning organization" means the
 2-5     forum designated by the governor for cooperative transportation
 2-6     decision making for a metropolitan planning area.
 2-7                 (3)  "Type II project" means a proposed highway project
 2-8     exclusively for noise abatement on an existing highway.
 2-9           SECTION 3.  PURPOSE.  The purpose of this Act is to establish
2-10     a statewide policy for the implementation of procedures for noise
2-11     abatement measures to help protect the public health and welfare of
2-12     the citizens of this state and for the planning and design of
2-13     highways approved under Title 23, United States Code.
2-14           SECTION 4.  COOPERATION OF METROPOLITAN PLANNING
2-15     ORGANIZATIONS AND DEPARTMENT.  A decision of a metropolitan
2-16     planning organization in relation to a Type II project under this
2-17     Act, or a proposed Type II project, shall be made in cooperation
2-18     with the department.
2-19           SECTION 5.  APPLICABILITY AND OBJECTIVE.  (a)  A Type II
2-20     project may be considered by a metropolitan planning organization
2-21     under this Act only where:
2-22                 (1)  an identifiable highway noise impact occurs;
2-23                 (2)  noise abatement measures will reduce the highway
2-24     noise impact; and
2-25                 (3)  the overall noise abatement benefits are
2-26     determined to outweigh:
 3-1                       (A)  the overall adverse social, economic, or
 3-2     environmental effects; and
 3-3                       (B)  the cost of the noise abatement measures.
 3-4           (b)  If a Type II project is considered, the metropolitan
 3-5     planning organization should make every reasonable effort to
 3-6     obtain substantial reductions of the identifiable highway noise.
 3-7           SECTION 6.  FUNDING FOR TYPE II PROJECTS.  (a)  A Type II
 3-8     project may be constructed under this Act only with federal funds
 3-9     that are available for the project under 23 C.F.R. Part 772.
3-10           (b)  Matching funds for all Type II projects under this Act
3-11     must be provided by a local governmental member of a metropolitan
3-12     planning organization.  No state funds may be expended for the
3-13     study of noise impacts or construction of a Type II project,
3-14     although the state may use existing personnel for coordination of
3-15     contracts, oversight of construction, and maintenance if the
3-16     project is on a freeway or parkway that is maintained by the
3-17     department and state right-of-way may be used.
3-18           SECTION 7.  RULES.  The department shall adopt rules to
3-19     implement this Act no later than January 1, 2000.
3-20           SECTION 8.  EFFECTIVE DATE.  This Act takes effect September
3-21     1, 1999.
3-22           SECTION 9.  EMERGENCY.  The importance of this legislation
3-23     and the crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.