By Barrientos S.B. No. 1444
76R7375 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to noise abatement measures on certain highways in this
1-3 state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. FINDINGS. The legislature finds that:
1-6 (1) excessive noise is a form of environmental
1-7 pollution;
1-8 (2) highway traffic is a major source of noise
1-9 pollution which affects more people than other forms of noise
1-10 pollution and is more continuous in nature than most other noise
1-11 pollution sources;
1-12 (3) highway traffic on existing urban roadways lowers
1-13 the quality of life and property values for persons residing near
1-14 those roadways;
1-15 (4) this state currently has no policy relating to
1-16 procedures for the abatement of highway traffic noise or the
1-17 construction or installation of measures to abate highway traffic
1-18 noise;
1-19 (5) decisions regarding the abatement of highway
1-20 traffic noise and the conditions under which noise abatement
1-21 projects should be approved are best made at the local level; and
1-22 (6) metropolitan planning organizations authorized by
1-23 federal law and designated by the governor are demonstrably capable
1-24 of addressing highway noise impacts and making decisions regarding
2-1 the abatement of highway noise.
2-2 SECTION 2. DEFINITIONS. In this Act:
2-3 (1) "Department" means the Texas Department of
2-4 Transportation.
2-5 (2) "Metropolitan planning organization" means the
2-6 forum designated by the governor for cooperative transportation
2-7 decision making for a metropolitan planning area.
2-8 (3) "Type II project" means a proposed highway project
2-9 exclusively for noise abatement on an existing highway.
2-10 SECTION 3. PURPOSE. The purpose of this Act is to establish
2-11 a statewide policy for the implementation of procedures for noise
2-12 abatement measures to help protect the public health and welfare of
2-13 the citizens of this state and for the planning and design of
2-14 highways approved under Title 23, United States Code.
2-15 SECTION 4. COOPERATION OF METROPOLITAN PLANNING
2-16 ORGANIZATIONS AND DEPARTMENT. A decision of a metropolitan
2-17 planning organization in relation to a Type II project under this
2-18 Act, or a proposed Type II project, shall be made in cooperation
2-19 with the department.
2-20 SECTION 5. APPLICABILITY AND OBJECTIVE. (a) A Type II
2-21 project may be considered by a metropolitan planning organization
2-22 under this Act only where:
2-23 (1) an identifiable highway noise impact occurs;
2-24 (2) noise abatement measures will reduce the highway
2-25 noise impact; and
2-26 (3) the overall noise abatement benefits are
2-27 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) State participation in a Type II project under this Act
3-11 is limited to providing matching funds for a Type II project on a
3-12 freeway or parkway that is maintained by the department.
3-13 SECTION 7. RULES. The department shall adopt rules to
3-14 implement this Act no later than January 1, 2000.
3-15 SECTION 8. EFFECTIVE DATE. This Act takes effect September
3-16 1, 1999.
3-17 SECTION 9. EMERGENCY. The importance of this legislation
3-18 and the crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.