BILL ANALYSIS

Senate Research Center	S.B. 2243
87R23828 SRA-D	By: Hinojosa
	Transportation
	5/4/2021
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 1968, the United States government began requiring new international bridges to obtain Presidential permits (Executive Order 11423). In 1995, the State of Texas established a similar requirement that political subdivisions and private entities first obtain approval from the Texas Transportation Commission before applying for a Presidential permit. Current statute applies to new bridges as well as the expansion of existing international bridges, and there is no provision that allows the Texas Department of Transportation (TxDOT) to grant exemptions even for existing bridges that have already received a Presidential Permit.

S.B. 2243 amends the Transportation Code to align the state process with the new federal permitting process and clarifies that the TxDOT permit is required only for new bridges over the Rio Grande.

As proposed, S.B. 2243 amends current law relating to approval for certain projects related to bridges over the Rio Grande.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 201.612, Transportation Code, by adding Subsection (h), as follows:

(h) Provides that a political subdivision is not required to comply with Subsection (a) (relating to certain requirements for approval from the Texas Transportation Commission and the United States, and the requirement that a report be submitted containing certain details) to construct or finance the construction of a bridge over the Rio Grande if:

(1) the political subdivision has received an amendment to an approval from the United States under 33 U.S.C. Chapter 11, Subchapter IV (33 U.S.C. Section 535 et seq.), authorizing the project; and

(2) the project is adjacent to an existing bridge that has previously been approved by the United States and the Texas Transportation Commission in accordance with Subsection (a).

SECTION 2. Effective date: upon passage or September 1, 2021.