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 [ADMINISTRATION] OF
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
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor