BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 107

                                                                                                                                        By: Goolsby

                                                                                                                                     Transportation

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, Dallas Area Rapid Transit’s (DART) Transit System Plan (TSP) is a financially constrained effort that guides the long-range development of rail, bus, paratransit, and high occupancy lane projects within their service area. DART last approved an update to the TSP in 1995 and is currently developing a new TSP to further transit advancement to the year 2030. This legislation allows a governing body of a municipality to adopt and submit recommendations to a subregional board for the development of a fixed guideway that is adjacent to owners of residential real property. The health, safety, and welfare of the residential owners and the environmental impact on those properties have and will be given paramount consideration before said  recommendations are submitted to the subregional board for implementation. This legislation was drafted as a result of a regional study deeming that the guideway would promote increased property values, increase mobility, improve access to other trail systems, and enhance pedestrian access. Community input was invited and taken accordingly.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Section 452.304, Transportation Code, is amended by adding Subsection (b-1) which provides that the principal municipality shall submit to the sub regional board recommendations regarding a below-grade channel for the fixed rail route that the governing body considers advisable for health, safety, and welfare of the owners of residential real property located adjacent to or near the proposed route.

 

SECTION 2.  Effective Date

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The difference between the original bill and the committee substitute is the replacement of the phraseology “the alignment of” to “a below-grade channel for the” fixed guideway route.