1-1     By:  Barrientos                                       S.B. No. 1444
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 27, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 8, Nays 0; April 27, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                 By:  Cain
 1-7     Amend S.B. No. 1444 by deleting proposed Subsection (b) of SECTION
 1-8     6 and substituting the following:
 1-9           (b)  Matching funds for all Type II projects under this Act
1-10     must be provided by a local governmental member of a metropolitan
1-11     planning organization.  No state funds may be expended for the
1-12     study of noise impacts or construction of a Type II project,
1-13     although the state may use existing personnel for coordination of
1-14     contracts, oversight of construction, and maintenance if the
1-15     project is on a freeway of parkway that is maintained by the
1-16     department and state right-of-way may be used.
1-17     COMMITTEE AMENDMENT NO. 2                            By:  Wentworth
1-18     Amend S.B. No. 1444 by deleting proposed Subsection (b) of SECTION
1-19     6 and substituting the following:
1-20           (b)  Matching funds for all Type II projects under this Act
1-21     must be provided by a local governmental member of a metropolitan
1-22     planning organization.  No state funds may be expended for the
1-23     study of noise impacts or construction of a Type II project,
1-24     although the state may use existing personnel for coordination of
1-25     contracts, oversight of construction, and maintenance if the
1-26     project is on a freeway or parkway that is maintained by the
1-27     department and state right-of-way may be used.
1-28                            A BILL TO BE ENTITLED
1-29                                   AN ACT
1-30     relating to noise abatement measures on certain highways in this
1-31     state.
1-32           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-33           SECTION 1.  FINDINGS.  The legislature finds that:
1-34                 (1)  excessive noise is a form of environmental
1-35     pollution;
1-36                 (2)  highway traffic is a major source of noise
1-37     pollution which affects more people than other forms of noise
1-38     pollution and is more continuous in nature than most other noise
1-39     pollution sources;
1-40                 (3)  highway traffic on existing urban roadways lowers
1-41     the quality of life and property values for persons residing near
1-42     those roadways;
1-43                 (4)  this state currently has no policy relating to
1-44     procedures for the abatement of highway traffic noise or the
1-45     construction or installation of measures to abate highway traffic
1-46     noise;
1-47                 (5)  decisions regarding the abatement of highway
1-48     traffic noise and the conditions under which noise abatement
1-49     projects should be approved are best made at the local level; and
1-50                 (6)  metropolitan planning organizations authorized by
1-51     federal law and designated by the governor are demonstrably capable
1-52     of addressing highway noise impacts and making decisions regarding
1-53     the abatement of highway noise.
1-54           SECTION 2.  DEFINITIONS.  In this Act:
1-55                 (1)  "Department" means the Texas Department of
1-56     Transportation.
1-57                 (2)  "Metropolitan planning organization" means the
1-58     forum designated by the governor for cooperative transportation
1-59     decision making for a metropolitan planning area.
1-60                 (3)  "Type II project" means a proposed highway project
1-61     exclusively for noise abatement on an existing highway.
 2-1           SECTION 3.  PURPOSE.  The purpose of this Act is to establish
 2-2     a statewide policy for the implementation of procedures for noise
 2-3     abatement measures to help protect the public health and welfare of
 2-4     the citizens of this state and for the planning and design of
 2-5     highways approved under Title 23, United States Code.
 2-6           SECTION 4.  COOPERATION OF METROPOLITAN PLANNING
 2-7     ORGANIZATIONS AND DEPARTMENT.  A decision of a metropolitan
 2-8     planning organization in relation to a Type II project under this
 2-9     Act, or a proposed Type II project, shall be made in cooperation
2-10     with the department.
2-11           SECTION 5.  APPLICABILITY AND OBJECTIVE.  (a)  A Type II
2-12     project may be considered by a metropolitan planning organization
2-13     under this Act only where:
2-14                 (1)  an identifiable highway noise impact occurs;
2-15                 (2)  noise abatement measures will reduce the highway
2-16     noise impact; and
2-17                 (3)  the overall noise abatement benefits are
2-18     determined to outweigh:
2-19                       (A)  the overall adverse social, economic, or
2-20     environmental effects; and
2-21                       (B)  the cost of the noise abatement measures.
2-22           (b)  If a Type II project is considered, the metropolitan
2-23     planning organization should make every reasonable effort to
2-24     obtain substantial reductions of the identifiable highway noise.
2-25           SECTION 6.  FUNDING FOR TYPE II PROJECTS.  (a)  A Type II
2-26     project may be constructed under this Act only with federal funds
2-27     that are available for the project under 23 C.F.R. Part 772.
2-28           (b)  State participation in a Type II project under this Act
2-29     is limited to providing matching funds for a Type II project on a
2-30     freeway or parkway that is maintained by the department.
2-31           SECTION 7.  RULES.  The department shall adopt rules to
2-32     implement this Act no later than January 1, 2000.
2-33           SECTION 8.  EFFECTIVE DATE.  This Act takes effect September
2-34     1, 1999.
2-35           SECTION 9.  EMERGENCY.  The importance of this legislation
2-36     and the crowded condition of the calendars in both houses create an
2-37     emergency and an imperative public necessity that the
2-38     constitutional rule requiring bills to be read on three several
2-39     days in each house be suspended, and this rule is hereby suspended.
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