77R10140 JD-F                          
         By Ogden, et al.                                       S.B. No. 267
         Substitute the following for S.B. No. 267:
         By Alexander                                       C.S.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)  A contract under this section is not subject to Chapter
1-17     771, Government Code.
1-18           (c)  In this section, "management," in connection with
1-19     property, means administration, control, or maintenance that is
1-20     required by an agency of the United States.
1-21           SECTION 2.  This Act takes effect immediately if it receives
1-22     a vote of two-thirds of all the members elected to each house, as
1-23     provided by Section 39, Article III, Texas Constitution.  If this
1-24     Act does not receive the vote necessary for immediate effect, this
 2-1     Act takes effect September 1, 2001.