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A BILL TO BE ENTITLED
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AN ACT
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relating to design considerations of transportation projects by the |
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Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.615, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (d) to |
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read as follows: |
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(a) The department shall consider the following factors |
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when developing transportation projects that involve the |
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construction, reconstruction, rehabilitation, or resurfacing of a |
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highway, other than a maintenance resurfacing project: |
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(1) the extent to which the project promotes safety; |
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(2) the durability of the project; |
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(3) the economy of maintenance of the project; |
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(4) the impact of the project on: |
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(A) the natural and artificial environment; |
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(B) the scenic and aesthetic character of the |
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area in which the project is located; |
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(C) preservation efforts; and |
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(D) each affected local community and its |
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economy; |
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(5) the access for other modes of transportation, |
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including those that promote physically active communities; [and] |
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(6) except as provided by Subsection (c), the |
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aesthetic character of the project, including input from each |
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affected local community; |
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(7) except as provided by Subsection (d), an |
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alternative design for the project that has been approved by a vote |
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of the governing body of a municipality, county, or metropolitan |
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planning organization that represents an affected local community; |
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and |
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(8) the negative impacts to an affected local |
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community from previous transportation projects. |
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(b) The commission shall adopt rules to implement this |
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section. Rules adopted under this section must require the |
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commission to review alternative designs for each transportation |
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project to which Subsection (a)(7) applies as if the project were |
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subject to review under the National Environmental Policy Act of |
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1969 (42 U.S.C. Section 4321 et seq.). |
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(d) Subsection (a)(7) does not apply to a transportation |
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project if the department finds that an alternative design for a |
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transportation project approved by the governing body of a |
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municipality, county, or metropolitan planning organization is |
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frivolous, unreasonable, or intended to delay a transportation |
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project. |
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(e) Subsection (a)(7) only applies to a transportation |
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project subject to review under the National Environmental Policy |
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Act of 1969 (42 U.S.C. Section 4321 et seq.). |
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SECTION 2. This Act takes effect September 1, 2025. |