By: Ogden, Haywood S.B. No. 267
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas Department of Transportation
1-3 to contract for the management of property used for the mitigation
1-4 of adverse environmental impacts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 203.004, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 203.004. CONTRACTS FOR MANAGEMENT [ADMINISTRATION] OF
1-9 PROPERTY USED [ACQUIRED] FOR MITIGATION OF ADVERSE ENVIRONMENTAL
1-10 IMPACTS. (a) The department may contract with any public or
1-11 private entity [the Parks and Wildlife Department] for the
1-12 management [administration, control, or maintenance] of property
1-13 used [acquired under Subchapter D] for the mitigation of an
1-14 adverse environmental impact directly resulting from the
1-15 construction or maintenance of a state highway.
1-16 (b) Before entering into any contract under this section,
1-17 the department shall consult with the Parks and Wildlife Department
1-18 to ensure that the proposed contract is in the best interest of the
1-19 state's natural resources.
1-20 (c) A contract under this section is not subject to Chapter
1-21 771, Government Code.
1-22 (d) In this section, "management," in connection with
1-23 property, means administration, control, or maintenance that is
1-24 required by an agency of the United States.
1-25 SECTION 2. This Act takes effect immediately if it receives
2-1 a vote of two-thirds of all the members elected to each house, as
2-2 provided by Section 39, Article III, Texas Constitution. If this
2-3 Act does not receive the vote necessary for immediate effect, this
2-4 Act takes effect September 1, 2001.