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A BILL TO BE ENTITLED
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AN ACT
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rel |
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ating to highway landscaping projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 392, Transportation Code, |
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is amended by adding Sections 392.004 and 392.005 to read as |
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follows: |
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Sec. 392.004. REGIONALLY APPROPRIATE LANDSCAPING. (a) The |
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department shall establish guidelines for a beautification project |
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on a state highway right-of-way that require the use of only |
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regionally appropriate plants. The guidelines must prioritize the |
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use of plants that are: |
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(1) low maintenance; and |
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(2) drought resistant if used for a beautification |
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project located in an area of this state that experiences frequent |
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droughts. |
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(b) A district may use plants that are not regionally |
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appropriate for a beautification project if a municipality or |
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county: |
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(1) participates in the design and decision to use a |
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plant that is not regionally appropriate; and |
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(2) agrees to a long-term maintenance agreement of the |
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beautification project. |
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Sec. 392.005. EXPENDITURES FOR HIGHWAY LANDSCAPING. (a) |
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In this section, "landscaping improvement" means: |
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(1) the planting of regionally appropriate plants |
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selected under the guidelines established under Section 392.004; or |
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(2) the preparation of soil or the installation of |
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irrigation systems for the growth of plants described by |
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Subdivision (1). |
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(b) For each highway project contract that involves the |
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expenditure of $5 million or more, the department shall allocate |
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money for landscaping improvements to the district in which the |
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highway project is located. If the highway project is located in |
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more than one district, the department shall divide the money |
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according to the amount under the contract to be spent in each |
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district. The department, before allocating money to a district, |
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may take into consideration financial assistance from a political |
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subdivision or a private organization for landscaping |
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improvements. |
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(c) The total amount of money allocated for landscaping |
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improvements for a highway project contract under Subsection (b) |
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may not exceed: |
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(1) one percent of the lesser of: |
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(A) the estimated total amount to be spent under |
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contract for construction, maintenance, or improvement of the |
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highway if that total amount is less than $50 million; or |
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(B) the actual total amount spent under contract |
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for construction, maintenance, or improvement of the highway if |
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that total amount is less than $50 million; or |
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(2) one-half of one percent of the lesser of: |
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(A) the estimated total amount to be spent under |
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contract for construction, maintenance, or improvement of the |
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highway if that total amount is $50 million or more; or |
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(B) the actual total amount spent under contract |
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for construction, maintenance, or improvement of the highway if |
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that total amount is $50 million or more. |
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(d) A district that receives money from the department under |
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Subsection (b) may spend the amount only for landscaping |
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improvements related to: |
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(1) the highway project that is the subject of the |
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contract under Subsection (b); or |
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(2) another highway or highway segment located in the |
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district. |
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(e) This section does not apply to a contract awarded for: |
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(1) an emergency highway improvement project under |
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Subchapter C, Chapter 223; |
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(2) silt and erosion control or repair; and |
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(3) planting grass required by federal regulation. |
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SECTION 2. This Act takes effect September 1, 2015. |