S.B. No. 480
  relating to the authority of the Texas Transportation Commission to
  enter into a covenant for environmental remediation of real
  property owned by the Texas Department of Transportation.
         SECTION 1.  Subchapter C, Chapter 202, Transportation Code,
  is amended by adding Section 202.061 to read as follows:
         Sec. 202.061.  ENVIRONMENTAL COVENANT. (a)  The commission
  may enter into an environmental covenant for the purpose of
  subjecting real property in which the department has an ownership
  interest to a plan or the performance of work for environmental
  remediation if the plan or work performed is first approved by the
  Texas Commission on Environmental Quality or a federal agency with
  the authority to approve the plan or work under the applicable laws
  and regulations.
         (b)  The environmental covenant must:
               (1)  contain a legally sufficient description of the
  property subject to the covenant;
               (2)  describe the nature of the contamination on or
  under the property, including the contaminants, the source, if
  known, and the location and extent of the contamination; and
               (3)  describe the activity and use limitations on the
         (c)  The plan or performance of work for environmental
  remediation must:
               (1)  meet applicable state and federal standards for
  environmental remediation; and
               (2)  bring the property into compliance with zoning or
  land use controls imposed on the property by each applicable local
         (d)  For each property for which the commission may enter
  into an environmental covenant, the commission by order may
  authorize the executive director to execute an environmental
  covenant on behalf of the commission.  Not less than 30 days before
  the date the commission considers a proposed order under this
  subsection, the commission must mail to each owner of a property
  interest in the applicable property, each adjacent landowner, and
  each applicable local government a notice that includes a clear and
  concise description of the proposal to enter into the environmental
  covenant and a statement of the manner in which written comments may
  be submitted to the commission.
         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, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 480 passed the Senate on
  April 2, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 480 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
  Chief Clerk of the House