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.