BILL ANALYSIS
By: Krusee
Committee Report (Substituted)
BACKGROUND AND PURPOSE
In 1991, the U.S. Department of Transportation established the National Scenic Byways program. Under this program, the U.S. Secretary of Transportation recognizes certain roads as National Scenic Byways or All-American Roads based on their archaeological, cultural, historic, natural, recreational, and scenic qualities. There are 96 such designated byways in 39 states.
CSHB 2051 creates a Scenic Byways program for Texas. CSHB 2051 requires the Texas Department of Transportation (TxDOT) to plan, design and establish a program for designating highways as State Scenic Byways. This legislation allows political subdivisions and community groups approved by the department to apply for federal grants under 23 U.S.C., Section 162. These 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 Transportation Commission in SECTION 1, and to the Texas Department of Transportation in SECTION 2 of this bill.
ANALYSIS
Section 1 amends Subchapter B, Chapter 391 of the Transportation Code by adding a new Section 391.938, which allows the Texas Department of Transportation to prohibit outdoor advertising as required by 23 U.S.C. Section 131(s) on a State Scenic Byway. Subsection (1) exempts signage permitted under Section 391.031(b) from this prohibition. Subsection (2) allows the Texas Department of Transportation to relocate advertising erected before a highway's designation as a State Scenic Byway.
Section 2 amends Subchapter I, Chapter 391 of the Transportation Code to add Section 391.256, which requires the Texas Department of Transportation to establish a State Scenic Byways program, and provides a mechanism for certain groups to apply for funding.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 2051 adds " community groups approved by the department" to the list of groups allowed to apply for funding in accordance with 23 U.S.C. Section 162, language inadvertently omitted from the original draft. CSHB 2051 changes the original draft to change "political subdivisions" in Section 391.256(b)(3) to "the applicant." This requires any group allowed under Section 391.256(b)(1) to pay the costs of projects not covered by federal grants.