HBA-DMH H.B. 913 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 913
By: Alexander
Transportation
2/12/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) is required by
federal law, under certain circumstances, to mitigate an adverse
environmental impact resulting from highway improvement projects through
the creation or maintenance of wetlands or habitat that offsets the loss of
the affected ecosystem. If wetlands and habitats affected by a TxDOT
project are not within an existing habitat conservation plan, TxDOT must
purchase and manage mitigation sites to offset the impact of the project.
TxDOT may be able to meet environmental mitigation obligations by paying a
fee to a public agency in lieu of purchasing or agreeing to manage
mitigation sites, allowing greater flexibility in meeting those
obligations.  House Bill 913 authorizes TxDOT to pay a fee to an
appropriate  public agency to meet federally-mandated environmental
mitigation standards instead of acquiring and developing or managing
mitigation sites. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 913 amends the Transportation Code to authorize the Texas
Department of Transportation, if authorized by the applicable regulatory
authority, to pay a fee to an appropriate public agency in lieu of
acquiring or agreeing to manage property for the mitigation of an adverse
environmental impact that is a direct result of a state highway improvement
project. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.