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79R6814 JTS-F

By:  Hegar                                                        H.B. No. 1794



A BILL TO BE ENTITLED

AN ACT

relating to the development of the Trans-Texas Corridor.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 227.013, Transportation Code, is amended 
to read as follows:
	Sec. 227.013.  PUBLIC PARTICIPATION.  (a)  Before 
designating a route for a segment of the Trans-Texas Corridor, the 
department shall hold at least one public hearing in each county 
through which the segment may pass.
	(b)  Before the department submits a final environmental 
impact statement to the United States Department of Transportation 
Federal Highway Administration for a segment of the Trans-Texas 
Corridor, the department shall hold at least one public hearing in 
each county through which the segment may pass.  A hearing required 
by this subsection is in addition to any hearing required by 
Subsection (a).
	(c)  At a hearing under Subsection (b), the department shall 
identify each mode of transportation projected to use, and each 
proposed entrance to and exit from, the segment of the Trans-Texas 
Corridor that will pass through the county in which the public 
hearing is being held.
	(d)  The department shall provide written notice to each 
state senator, state representative, and county commissioner who 
represents the county in which a public hearing under this section 
is required to be held not later than 30 days before the date of the 
hearing.
	SECTION 2.  Section 227.015, Transportation Code, is amended 
to read as follows:
	Sec. 227.015.  LOCATION OF FACILITIES.  (a) Notwithstanding 
any other law, including Chapter 181, Utilities Code, Chapter 402, 
Local Government Code, and Section 49.220, Water Code, the 
department may:
		(1)  specify the location of any facility on the 
Trans-Texas Corridor, subject to Subsection (b);
		(2)  direct the time and manner of construction of a 
public utility facility on the Trans-Texas Corridor; and
		(3)  direct the time and manner of construction or 
operation of any other facility on the Trans-Texas Corridor.
	(b)  The department may not limit the public's entrance to or 
exit from the Trans-Texas Corridor or limit use of the corridor as a 
mode of transportation with the intent to benefit the economic 
viability of a particular facility or group of facilities located 
on the Trans-Texas Corridor.
	SECTION 3.  Section 227.021, Transportation Code, is amended 
by adding Subsections (d-1) and (d-2) to read as follows:
	(d-1)  The department, any other governmental entity of this 
state, or a third-party contractor may not capture groundwater from 
below the Trans-Texas Corridor for exportation from the county in 
which the groundwater is captured.
	(d-2)  Not later than the 15th calendar day after the date 
the department or a third-party contractor enters into 
negotiations, discussions, or any form of communication with 
another party regarding the use of the Trans-Texas Corridor for the 
transportation of groundwater, the department or third-party 
contractor shall provide written notice of the communication to:
		(1)  each groundwater conservation district, 
subsidence district, or other local water authority having 
territory in the county in which the groundwater originates; and
		(2)  the commissioners court of the county in which the 
groundwater originates.
	SECTION 4.  Section 227.041(b), Transportation Code, is 
amended to read as follows:
	(b)  An interest in real property or a property right is 
necessary or convenient for the construction or operation of a 
facility if it is located in [or contiguous to] an existing or 
planned segment of the Trans-Texas Corridor and if its acquisition 
will further the primary purposes of the Trans-Texas Corridor.  
Primary purposes include:
		(1)  providing right-of-way or a location for a 
facility;                   
		(2)  providing land for mitigation of adverse 
environmental effects;        
		(3)  providing buffer zones for scenic or safety 
purposes;                  
		(4)  allowing for possible future expansion of any 
facility; and            
		(5)  generating revenue, directly or indirectly, for 
use in constructing or operating the Trans-Texas Corridor from or 
for ancillary facilities that directly benefit users of the 
Trans-Texas Corridor.
	SECTION 5.  Section 227.042, Transportation Code, is amended 
by adding Subsection (b-1) to read as follows:
	(b-1)  The department and the owner shall execute a written 
agreement that itemizes each mode of transportation that serves as 
consideration for the corridor participation payment.
	SECTION 6.  This Act takes effect September 1, 2005.