1-1 By: Ogden S.B. No. 267
1-2 (In the Senate - Filed January 17, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 15, 2001, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 15, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of the Texas Department of Transportation
1-9 to contract for the management of property used for the mitigation
1-10 of adverse environmental impacts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 203.004, Transportation Code, is amended
1-13 to read as follows:
1-14 Sec. 203.004. CONTRACTS FOR MANAGEMENT [ADMINISTRATION] OF
1-15 PROPERTY USED [ACQUIRED] FOR MITIGATION OF ADVERSE ENVIRONMENTAL
1-16 IMPACTS. (a) The department may contract with any public or
1-17 private entity [the Parks and Wildlife Department] for the
1-18 management [administration, control, or maintenance] of property
1-19 used [acquired under Subchapter D] for the mitigation of an
1-20 adverse environmental impact directly resulting from the
1-21 construction or maintenance of a state highway.
1-22 (b) A contract under this section is not subject to Chapter
1-23 771, Government Code.
1-24 (c) In this section, "management," in connection with
1-25 property, means administration, control, or maintenance that is
1-26 required by an agency of the United States.
1-27 SECTION 2. This Act takes effect immediately if it receives
1-28 a vote of two-thirds of all the members elected to each house, as
1-29 provided by Section 39, Article III, Texas Constitution. If this
1-30 Act does not receive the vote necessary for immediate effect, this
1-31 Act takes effect September 1, 2001.
1-32 * * * * *