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. Section 203.004, Transportation Code, is amended
1-16 to read as follows:
1-17 Sec. 203.004. CONTRACTS FOR MANAGEMENT [
1-18 PROPERTY USED [ ACQUIRED] FOR MITIGATION OF ADVERSE ENVIRONMENTAL
1-19 IMPACTS. (a) The department may contract with any public or
1-20 private entity [ the Parks and Wildlife Department] for the
1-21 management [ administration, control, or maintenance] of property
1-22 used [ acquired under Subchapter D] for the mitigation of an adverse
1-23 environmental impact directly resulting from the construction or
1-24 maintenance of a state highway.
1-25 (b) A contract under this section is not subject to Chapter
2-1 771, Government Code.
2-2 (c) In this section, "management," in connection with
2-3 property, means administration, control, or maintenance that is
2-4 required by an agency of the United States.
2-5 SECTION 3. This Act takes effect immediately if it receives
2-6 a vote of two-thirds of all the members elected to each house, as
2-7 provided by Section 39, Article III, Texas Constitution. If this
2-8 Act does not receive the vote necessary for immediate effect, this
2-9 Act takes effect September 1, 2001.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 416 passed the Senate on
February 21, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 26, 2001, by the following vote: Yeas 30, Nays 0,
one present not voting.
Secretary of the Senate
I hereby certify that S.B. No. 416 passed the House, with
amendment, on May 23, 2001, by the following vote: Yeas 140,
Nays 0, three present not voting.
Chief Clerk of the House