| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to establishing a highway construction mitigation program |
|
|
for certain highway construction projects. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 201, Transportation Code, |
|
|
is amended by adding Section 201.626 to read as follows: |
|
|
Sec. 201.626. HIGHWAY CONSTRUCTION MITIGATION PROGRAM. (a) |
|
|
In this section: |
|
|
(1) "Highway construction mitigation program" means |
|
|
the highway construction mitigation program established under this |
|
|
section. |
|
|
(2) "Highway construction project" means a project |
|
|
involving the construction, maintenance, demolition, or |
|
|
improvement of a state highway. |
|
|
(b) For the purpose of mitigating the negative effects of a |
|
|
highway construction project on adjacent neighborhoods, the |
|
|
department by rule shall establish and implement a highway |
|
|
construction mitigation program to fund projects that: |
|
|
(1) reduce the impact of dust and noise from a highway |
|
|
construction project and mitigate air quality issues caused by a |
|
|
highway construction project; |
|
|
(2) reduce the impact of adverse environmental |
|
|
consequences caused by a highway construction project; |
|
|
(3) relocate fencing or other property structures as |
|
|
necessary to accommodate a highway construction project; and |
|
|
(4) restore or repair damage caused by a highway |
|
|
construction project to structures or fixtures located 500 feet or |
|
|
less from the highway construction project. |
|
|
(c) The highway construction mitigation program must |
|
|
provide grants to eligible applicants to fund projects described by |
|
|
Subsection (b). For purposes of the highway construction |
|
|
mitigation program, an eligible applicant includes: |
|
|
(1) the owner of a single-family home or duplex |
|
|
located 500 feet or less from a highway construction project; |
|
|
(2) the owner of a multi-family home located 500 feet |
|
|
or less from a highway construction project; |
|
|
(3) a religious organization that qualifies under |
|
|
Section 11.20, Tax Code, that owns a structure located 500 feet or |
|
|
less from a highway construction project; or |
|
|
(4) a public school district in which a public school |
|
|
campus is located 500 feet or less from a highway construction |
|
|
project. |
|
|
(d) A metropolitan planning organization or local authority |
|
|
shall ensure that the department provides highway construction |
|
|
mitigation program services for each highway construction project |
|
|
occurring within the boundaries of the organization or authority. |
|
|
SECTION 2. Notwithstanding Section 201.626, Transportation |
|
|
Code, as added by this Act, the Texas Department of Transportation |
|
|
is not required to comply with that section before January 1, 2026. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |