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


Senate Research Center   S.B. 416
77R3464 JD-FBy: Ogden
Natural Resources
1/31/2001
As Filed


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.  As proposed, S.B. 416 allows TxDOT to pay a fee to
public agencies 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 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 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.  Effective date:  upon passage or September 1, 2001.