C.S.H.B. 1039 78(R)    BILL ANALYSIS


C.S.H.B. 1039
By: Krusee
Transportation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

H.B. 1039 78(R)    The National Scenic Byways Program was established in
1989 to facilitate conservation of intrinsic landscape qualities and to
stimulate local economic development through tourism.  The Program
requires a corridor management plan for each byway and offers various
forms of technical assistance provided by the National Scenic Byways
Organization.  A scenic program would offer some potential benefits in
terms of landscape preservation and economic development assistance.
Rural tourism in particular could provide economic benefits to communities
in the area.  

The proposed legislation requires the Texas Department of Transportation
(TxDOT) to plan, design and establish a program for designating highways
as State Scenic Byways.  In addition, TxDOT shall develop grant projects
and apply for funding under 23 U.S.C., Section 162 for the grant projects.
The grant funds could be used for a number of eligible projects such as
construction of a byway facility for pedestrians and bicyclists, rest
area, turnout, highway shoulder improvement, passing lane, overlook, or
interpretive facilities. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Transportation in SECTION  1 (391.256
(e), Transportation Code) of this bill. 

ANALYSIS

SECTION 1.

Gives TxDOT the authority to plan, design and establish a Scenic Byways
Program.  Gives TxDOT the authority to grant funding according to 23
U.S.C. 162 for State Scenic byways, National Scenic Byways or All-American
Roads and allows them to apply for funding under the same code.  The
Department may prohibit outdoor advertising according to 23 U.S.C. Section
131(s).  The Department may not use money from the state highway fund for
the Scenic Byways Program.  The Department shall adopt rules to implement
this section.    

EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in that the substitute gives
TxDOT the authority to prohibit new billboards along a State Scenic Byway,
National Scenic Byway or an All-American Road.  The substitute
additionally differs from the original in that the substitute prohibits
for funds from the state highway fund (Fund 6) to be used for the Scenic
Byway Program.  Finally, the substitute, unlike the original,  would grant
TxDOT rulemaking authority to implement the Scenic Byways Program.