79R14365 MTB-F


By:  Wong                                                         H.B. No. 2489

Substitute the following for H.B. No. 2489:                                   

By:  Wong                                                     C.S.H.B. No. 2489



A BILL TO BE ENTITLED

AN ACT

relating to the creation of green ribbon master plans for certain 
districts of the Texas Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 201, Transportation Code, 
is amended by adding Section 201.617 to read as follows:
	Sec. 201.617.  GREEN RIBBON MASTER PLAN.  (a)  In this 
section:       
		(1)  "Green ribbon master plan" means a highway design 
and construction plan established by a department district that 
includes emphasis on the planting of vegetation, the use of public 
art, and a respect for local neighborhoods in the design and 
construction of highways in an urban area in the district.
		(2)  "Nonattainment area" has the meaning assigned by 
Section 548.001.
	(b)  The commission by rule shall require each department 
district that includes an urban area to establish a green ribbon 
master plan for the urban area.
	(c)  For each contract for an urban highway transportation 
project that is located in a nonattainment area or a 
near-nonattainment area, the department shall allocate to the 
department district an amount equal to not less than one percent and 
not more than 1.25 percent of the amount to be spent under the 
contract for projects under the department district's green ribbon 
master plan.  The allocation shall be used to improve air quality, 
prevent erosion, and provide shading.  At least half of the 
allocation shall be used for the planting of trees and other 
vegetation to mitigate the effects of air pollution.
	(d)  A department district may spend money allocated for 
projects under the district's green ribbon master plan that is not 
used for that purpose on landscaping improvements along other urban 
highways located in the district.
	(e)  If two or more department districts share an allocation 
of money for projects under a green ribbon master plan, the district 
shall divide the allocation according to the proportion of the 
total amount of the contract that will be spent in each district.
	(f)  A department district may not use money allocated under 
this section to place art or plant vegetation that obscures or 
impairs the visibility of outdoor signs, displays, or devices along 
the National Highway System.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.