1-1     By:  Ogden                                             S.B. No. 416
 1-2           (In the Senate - Filed January 26, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     February 15, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; February 15, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Lucio
 1-7     Amend S.B. No. 416 as follows:
 1-8           On page 1, line 21, insert "or private entity" between
 1-9     "public agency" and "in lieu".
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the authority of the Texas Department of Transportation
1-13     in connection with the mitigation of an adverse environmental
1-14     impact resulting from a state highway improvement project.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Subchapter H, Chapter 201, Transportation Code,
1-17     is amended by adding Section 201.6061 to read as follows:
1-18           Sec. 201.6061.  PAYMENT OF FEE TO PUBLIC AGENCY IN CONNECTION
1-19     WITH MITIGATION OF CERTAIN ADVERSE ENVIRONMENTAL IMPACTS.  If
1-20     authorized by the applicable regulatory authority, the department
1-21     may pay a fee to an appropriate public agency in lieu of acquiring
1-22     or agreeing to manage property for the mitigation of an adverse
1-23     environmental impact that is a direct result of a state highway
1-24     improvement project.
1-25           SECTION 2.  This Act takes effect immediately if it receives
1-26     a vote of two-thirds of all the members elected to each house, as
1-27     provided by Section 39, Article III, Texas Constitution.  If this
1-28     Act does not receive the vote necessary for immediate effect, this
1-29     Act takes effect September 1, 2001.
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