SRC-SEW S.B. 416 77(R)BILL ANALYSIS


Senate Research CenterS.B. 416
By: Ogden
Natural Resources
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Under current law, the Texas Department of Transportation (TxDOT) is often
placed in the position of having to acquire and become a long-term land
manager of mitigation property environmentally impacted by a highway
improvement project.  S.B. 416 allows TxDOT to pay a fee to public agencies
or private entities that require TxDOT to mitigate for an impact rather
than having TxDOT itself acquire and manage the property. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 201H, Transportation Code, by adding Section
201.6061, as follows: 

Sec. 201.6061.  PAYMENT OF FEE TO PUBLIC AGENCY OR PRIVATE ENTITY IN
CONNECTION WITH MITIGATION OF CERTAIN ADVERSE ENVIRONMENTAL IMPACTS.
Requires the Texas Department of Transportation, if authorized by the
applicable regulatory authority, to pay a fee to an appropriate public
agency or private entity 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. 

SECTION 2.  Amends Section 203.004, Transportation Code, as follows:

Sec.  203.004.  CONTRACTS FOR MANAGEMENT OF PROPERTY USED FOR MITIGATION OF
ADVERSE ENVIRONMENTAL IMPACTS.  Authorizes the department to contract with
any public or private entity (rather than the Parks and Wildlife
Department) for the management (rather than administration, control, or
maintenance) or property used (rather than acquired under Subchapter D) for
the mitigation of an adverse environmental impact directly resulting from
the construction or maintenance of a state highway.  Provides that a
contract under this section is not subject to Chapter 771 (Interagency
Cooperation Act), Government Code.  Defines "management" under this
section. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.