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.