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A BILL TO BE ENTITLED
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AN ACT
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relating to the review and comment procedure of certain regional |
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planning commissions and metropolitan planning organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 391, Local Government Code, is amended |
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by adding Section 391.0085 to read as follows: |
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Sec. 391.0085. ADDITIONAL REVIEW AND COMMENT PROCEDURES FOR |
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POPULOUS COUNTIES. (a) This section applies to a commission that |
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includes a participating governmental unit located in a county with |
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a population of 3.3 million or more. To the extent permitted by |
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federal law, this section applies to a metropolitan planning |
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organization located in a county with a population of 3.3 million or |
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more when performing duties similar to those described in this |
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section. |
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(b) The commission has the sole power and duty to carry out |
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review and comment procedures under Section 391.008, including: |
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(1) a review of a project's region-wide significance; |
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and |
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(2) a review of whether a project conflicts with a |
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regional plan or policy. |
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(c) In exercising its powers and duties under Section |
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391.008, a commission may not: |
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(1) delegate a power or duty under that section, |
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including to a participating governmental unit; |
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(2) substitute the judgment, evaluation, or |
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prioritization of a participating governmental unit for the |
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judgment, evaluation, or prioritization of the commission; or |
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(3) treat a participating governmental unit |
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differently than another participating governmental unit, |
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including when reviewing, commenting, advising, or making a |
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determination under that section. |
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SECTION 2. This Act takes effect September 1, 2011. |