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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. Chapter 201, Transportation Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. PUBLIC PARTICIPATION |
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Sec. 201.651. PUBLIC HEARINGS. (a) The commission by rule |
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shall provide for the department to hold one or more public hearings |
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for any transportation project owned or operated by the department |
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for which the department determines that a public hearing is in the |
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public interest or that: |
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(1) requires the acquisition of significant amounts of |
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rights-of-way; |
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(2) substantially changes the layout or function of |
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connecting roadways or of a facility being improved; |
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(3) has a substantial adverse impact on adjoining |
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property; or |
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(4) otherwise has a significant social, economic, |
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environmental, or other impact. |
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(b) Any interested person may attend a public hearing held |
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under this section. |
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Sec. 201.652. PUBLIC COMMENT FOR PUBLIC HEARINGS. The |
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commission by rule shall: |
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(1) provide for the public to submit oral or written |
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comments regarding a project described by Section 201.651; |
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(2) provide for the department to prepare written |
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responses to the comments; and |
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(3) provide for the department to prepare a transcript |
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of any oral comments submitted under this section. |
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Sec. 201.653. PUBLIC MEETINGS. The commission by rule |
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shall provide for the department to hold 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 possible stage of the project. Any interested |
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person may attend a public meeting held under this section. |
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Sec. 201.654. NOTICE OF PUBLIC HEARING OR PUBLIC MEETING. |
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(a) The department shall provide notice of a public hearing under |
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Section 201.651 or a public meeting under Section 201.653. The |
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notice must be clear, easily readable, and informative, and must |
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include: |
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(1) the name and a description of the project; |
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(2) a map or graphic illustration of the project; |
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(3) the reason for the project; |
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(4) the purpose of the hearing or meeting; |
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(5) the location, date, and time of the hearing or |
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meeting; |
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(6) a contact telephone number for information about |
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the hearing or meeting; and |
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(7) 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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accessed. |
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(b) The notice required by Subsection (a) must: |
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(1) be published in a newspaper of general circulation |
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in the county of the transportation project not less than 7 or more |
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than 20 days before the date of the hearing or meeting; |
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(2) be published in English and in the dominant |
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language of a majority of the county's population if the population |
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that will be affected by the project is significantly |
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non-English-speaking; and |
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(3) 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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the project. |
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(c) The methods of distributing the notice under Subsection |
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(b)(3) include: |
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(1) hand-delivered or mailed notices; |
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(2) press releases to media outlets; and |
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(3) dynamic message signs. |
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Sec. 201.655. SCHEDULING PUBLIC HEARING OR PUBLIC MEETING. |
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If the department holds more than one public hearing or more than |
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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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Sec. 201.656. PRESENTATION OF INFORMATION. (a) The |
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department's presentation of information at a public hearing or |
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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 the project will address; |
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(3) a reference to the department's mission, strategic |
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plan, or legislative direction that is furthered by the project; |
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(4) the project's relation to the local planning |
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process; |
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(5) an explanation, using diagrams, flowcharts, or |
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other devices, of the procedural steps of the project and the |
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estimated timeline for the project; and |
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(6) a discussion of significant social, economic, |
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environmental, or other impacts of the project. |
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(b) 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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(c) The department shall make available an e-mail address or |
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Internet website that may be used to submit public comments |
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concerning a project. |
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Sec. 201.657. NOTIFYING ADJOINING PROPERTY OWNERS. |
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(a) 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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(b) 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, 2012. |