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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Transportation Commission to |
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enter into a covenant for environmental remediation of real |
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property owned by the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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is amended by adding Section 202.061 to read as follows: |
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Sec. 202.061. ENVIRONMENTAL COVENANT. (a) The commission |
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may enter into an environmental covenant for the purpose of |
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subjecting real property in which the department has an ownership |
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interest to a plan or the performance of work for environmental |
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remediation if the plan or work performed is approved by the Texas |
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Commission on Environmental Quality or a federal agency with the |
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authority to approve the plan or work. |
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(b) The environmental covenant must: |
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(1) contain a legally sufficient description of the |
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property subject to the covenant; |
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(2) describe the nature of the contamination on or |
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under the property, including the contaminants and the location and |
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extent of the contamination; and |
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(3) describe the activity and use limitations on the |
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property. |
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(c) The commission by order may authorize the chair of the |
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commission to execute an environmental covenant on behalf of the |
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commission. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |