By:  Ogden, Haywood                                    S.B. No. 416
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Texas Department of Transportation
 1-3     in connection with the mitigation of an adverse environmental
 1-4     impact resulting from a state highway improvement project.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter H, Chapter 201, Transportation Code,
 1-7     is amended by adding Section 201.6061 to read as follows:
 1-8           Sec. 201.6061.  PAYMENT OF FEE TO PUBLIC AGENCY OR PRIVATE
 1-9     ENTITY IN CONNECTION WITH MITIGATION OF CERTAIN ADVERSE
1-10     ENVIRONMENTAL IMPACTS.  If authorized by the applicable regulatory
1-11     authority, the department may pay a fee to an appropriate public
1-12     agency or private entity in lieu of acquiring or agreeing to manage
1-13     property for the mitigation of an adverse environmental impact that
1-14     is a direct result of a state highway improvement project.
1-15           SECTION 2.  This Act takes effect immediately if it receives
1-16     a vote of two-thirds of all the members elected to each house, as
1-17     provided by Section 39, Article III, Texas Constitution.  If this
1-18     Act does not receive the vote necessary for immediate effect, this
1-19     Act takes effect September 1, 2001.