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A BILL TO BE ENTITLED
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AN ACT
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relating to public participation in the development of |
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transportation projects 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 H, Chapter 201, Transportation Code, |
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is amended by adding Section 201.605 to read as follows: |
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Sec. 201.605. PUBLIC PARTICIPATION. (a) The commission by |
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rule shall provide for the department to hold, or provide the |
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opportunity for, one or more public hearings for any transportation |
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project owned or operated by the department that requires the |
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acquisition of significant amounts of rights-of-way, substantially |
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changes the layout or functions of connecting roadways or of a |
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facility being improved, has a substantial adverse impact on |
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abutting property, or otherwise has a significant social, economic, |
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environmental, or other effect, or for which the department |
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determines that a public hearing is in the public interest. The |
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rules must provide for the public's submission of oral or written |
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comments and the department's preparation of written responses to |
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the comments. The department shall prepare a transcript of any oral |
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comments submitted. |
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(b) The commission by rule shall provide for the department |
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to hold, or provide the opportunity for, one or more public meetings |
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for an informal exchange of information between the department and |
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the public for a transportation project owned or operated by the |
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department. The rules must provide for the public meetings to be |
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held at the earliest stages of the project as possible. |
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(c) Notice of a public hearing or a public meeting under |
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this section must: |
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(1) be by publication in the locality of the |
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transportation project not less than seven or more than 20 days |
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before the date of the hearing or meeting; |
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(2) be distributed to the public not less than seven |
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days before the date of the hearing or meeting using methods |
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suitable for the distribution given the nature of the |
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transportation project and the populations that may be affected by |
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it; |
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(3) be simple, readable, and informative; |
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(4) include: |
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(A) the name and description of the project; |
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(B) a map or graphic illustration of the project; |
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(C) the reason for the project; |
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(D) the purpose of the hearing or meeting; |
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(E) the location, date, and time of the hearing |
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or meeting; |
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(F) a contact telephone number for information |
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about the hearing or meeting; and |
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(G) the Internet website address where project |
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information and the materials used at the hearing or meeting may be |
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viewed; and |
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(5) if the population that will be affected by the |
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project is significantly non-English-speaking, also be published |
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in the dominant language of a majority of that population. |
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(d) Any interested person may attend a public hearing or a |
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public meeting held under this section. |
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(e) The department shall publish on its Internet website any |
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materials used at a public hearing or public meeting not later than |
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the third day after the date of the hearing or meeting. |
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(f) If the department holds more than one public hearing or |
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one public meeting for a transportation project, the department |
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shall vary the scheduling of the hearings or meetings to |
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accommodate persons living in different geographic areas affected |
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by the project and persons with varied work schedules. |
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(g) The department's presentation of information at a |
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public hearing or meeting must include: |
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(1) the design and schematic layout of the project; |
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(2) the problem or need to be addressed by the project; |
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(3) a reference to the part of the department's |
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mission, strategic plan, or legislative direction that is furthered |
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by the project, and the project's relation to the local planning |
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process; |
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(4) an explanation using diagrams, flowcharts, or |
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other devices to illustrate procedural steps of the project, and an |
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estimated timeline leading to the completion of the project; and |
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(5) a discussion of significant impacts of the |
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project. |
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(h) The department shall make available an electronic mail |
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address or Internet website that may be used to submit public |
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comments concerning a project. |
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(i) The commission by rule shall provide owners of adjoining |
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property and affected local governments and public officials with |
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notice and an opportunity for comment on a state highway project |
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that involves: |
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(1) the addition of one or more vehicular lanes to an |
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existing highway; or |
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(2) the construction of a highway at a new location. |
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(j) The commission by rule shall provide procedures for |
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informing adjoining property owners and affected local governments |
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and public officials of impending construction. |
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SECTION 2. Subchapter B, Chapter 203, Transportation Code, |
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is repealed. |
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SECTION 3. This Act takes effect January 1, 2010. |
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