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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 Department of Transportation |
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to participate in certain federal transportation programs. |
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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 201.6035 to read as follows: |
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Sec. 201.6035. AUTHORIZATION TO PARTICIPATE IN CERTAIN |
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FEDERAL TRANSPORTATION PROGRAMS. (a) The department may assume |
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responsibilities of the United States Department of Transportation |
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with respect to duties under the National Environmental Policy Act |
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of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties |
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under other federal environmental laws. The department may: |
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(1) assume responsibilities under 23 U.S.C. Sections |
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326 and 327; and |
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(2) enter into one or more agreements, including |
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memoranda of understanding, with the United States secretary of |
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transportation related to: |
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(A) designating categorical exclusions from |
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federally required environmental assessments or impact statements |
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for highway projects as provided by 23 U.S.C. Section 326; or |
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(B) the federal surface transportation project |
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delivery program for the delivery of transportation projects, |
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including highway, railroad, public transportation, and multimodal |
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projects, as provided by 23 U.S.C. Section 327. |
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(b) The commission may adopt rules to implement this section |
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and may adopt relevant federal environmental standards as the |
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standards for this state for a program described by Subsection (a). |
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(c) Except as provided by Subsection (d), sovereign |
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immunity to suit in federal court and from liability is waived and |
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abolished with regard to the compliance, discharge, or enforcement |
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of a responsibility assumed by the department under this section. |
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(d) Subsection (c) does not create liability for the |
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department that exceeds the liability created under 23 U.S.C. |
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Section 326(c)(3) or 327(d). |
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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, 2013. |
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* * * * * |