By: Darby H.B. No. 3302
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to highway landscaping projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 392, Transportation Code,
  is amended by adding Sections 392.004 and 392.005 to read as
  follows:
         Sec. 392.004.  NATIVE OR REGIONALLY APPROPRIATE
  LANDSCAPING. The department shall establish guidelines for
  beautification projects on state highway rights-of-way that
  require the projects to use only native or regionally appropriate
  plants. The guidelines must prioritize the use of plants that are:
               (1)  low maintenance; and
               (2)  drought resistant if used for a project located in
  an area of this state that experiences frequent droughts.
         
  Sec. 392.005.  EXPENDITURES FOR HIGHWAY LANDSCAPING.  (a)  
  In this section, "landscaping improvement" means:
               (1)  the planting of native or regionally appropriate
  plants selected under the guidelines established under Section
  392.004; or
               (2)  the preparation of the soil and installation of
  irrigation systems for the growth of plants described by
  Subdivision (1).
         (b)  For each contract for a highway project that is in an
  amount of [$5] million or more, the department shall allocate money
  for landscaping improvements to the district or districts in which
  the project is located. If the project is located more than one
  district, the department shall divide the allocation according to
  the amount under the contract to be spent in each district.
         (c)  The total amount allocated for a contract under
  Subsection (b) may not exceed:
               (1)  one percent of the total amount to be spent under
  the contract for construction, maintenance, or improvement of the
  highway if that total amount is less than $50 million; or
               (2)  one-half of one percent of the total amount to be
  spent under the contract for construction, maintenance, or
  improvement of the highway if that total amount is $50 million or
  more.
         (d)  A district that receives an allocation under Subsection
  (b) may spend the amount only for landscaping improvements
  associated with:
               (1)  the highway project that is the subject of the
  contract for which the allocation is made; or
               (2)  another highway or highway segment located in the
  district.
         SECTION 2.  This Act takes effect September 1, 2015.