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.