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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 first approved by the |
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Texas Commission on Environmental Quality or a federal agency with |
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the authority to approve the plan or work under the applicable laws |
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and regulations. |
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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, the source, if |
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known, and the location and 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 plan or performance of work for environmental |
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remediation must: |
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(1) meet applicable state and federal standards for |
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environmental remediation; and |
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(2) bring the property into compliance with zoning or |
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land use controls imposed on the property by each applicable local |
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government. |
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(d) For each property for which the commission may enter |
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into an environmental covenant, the commission by order may |
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authorize the executive director to execute an environmental |
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covenant on behalf of the commission. Not less than 30 days before |
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the date the commission considers a proposed order under this |
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subsection, the commission must mail to each owner of a property |
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interest in the applicable property, each adjacent landowner, and |
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each applicable local government a notice that includes a clear and |
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concise description of the proposal to enter into the environmental |
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covenant and a statement of the manner in which written comments may |
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be submitted to the 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. |
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