79R7112 JD-D


By:  Wong                                                         H.B. No. 2496


A BILL TO BE ENTITLED
AN ACT
relating to the publication of the notice of a public hearing on a proposed conversion of a nontoll state highway or highway segment to a turnpike project or toll facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 284, Transportation Code, is amended by adding Section 284.010 to read as follows: Sec. 284.010. PUBLICATION OF NOTICE OF PUBLIC HEARING. Notice of a public hearing required by Section 284.009 shall be published at least once a week for two consecutive weeks in the Texas Register and in each newspaper specified by that section. The first publication must be not later than 30 days before the date of the hearing. SECTION 2. Section 362.0041(b), Transportation Code, is amended to read as follows: (b) Prior to converting a segment of the state highway system under this section, the commission shall conduct a public hearing for the purpose of receiving comments from interested persons concerning the proposed transfer. Notice of the hearing shall be published at least once a week for two consecutive weeks in the Texas Register, one or more newspapers of general circulation, and a newspaper, if any, published in the county or counties in which the involved highway is located. The first publication must be not later than 30 days before the date of the hearing. SECTION 3. Section 366.035(d), Transportation Code, is amended to read as follows: (d) Before transferring a segment of the state highway system under this section, the commission shall conduct a public hearing to receive comments from interested persons concerning the proposed transfer. Notice of the hearing must be published at least once a week for two consecutive weeks in the Texas Register, one or more newspapers of general circulation in the counties in which the segment is located, and a newspaper, if any, published in the counties of the applicable authority. The first publication must be not later than 30 days before the date of the hearing. SECTION 4. Section 370.035(e), Transportation Code, is amended to read as follows: (e) Before transferring a turnpike project that is part of the state highway system under this section, the commission shall conduct a public hearing at which interested persons shall be allowed to speak on the proposed transfer. Notice of the hearing must be published at least once a week for two consecutive weeks in the Texas Register, one or more newspapers of general circulation in the counties in which the turnpike project is located, and a newspaper, if any, published in the counties of the applicable authority. The first publication must be not later than 30 days before the date of the hearing. SECTION 5. The changes in law made by this Act apply only to a public hearing that is conducted after the 30th day after the effective date of this Act. A public hearing that begins on or before the 30th day after the effective date of this Act is covered by the law in effect immediately before the effective date of this Act and the former law is continued in effect for that purpose. SECTION 6. 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.