BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2557

                                                                                                                                          By: Zerwas

                                                                                                                                     Transportation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current rules give the Department of Transportation and its agents the right to enter property to survey or examine it for the purposes of developing a toll project.  No notice is required.

 

As proposed, HB 2557 would require the department and its agents provide notice to the property owner no less than 14 days prior to entry.

 

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.  Amends Section 203.068, Transportation Code, by adding Subsection (d) as follows:

 

(d)  The department and its authorized agents shall:

(1)  provide notice of an entry not less than 14 days before the date of entry; and

(2)  make every reasonable effort to coordinate with the owner.

 

 SECTION 2.  Effective Date: upon passage or September 1, 2007.

 

EFFECTIVE DATE

 

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