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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a highway construction mitigation |
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program for certain businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Transportation Code, is |
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amended by adding Chapter 249 to read as follows: |
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CHAPTER 249. HIGHWAY CONSTRUCTION MITIGATION PROGRAM FOR CERTAIN |
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BUSINESSES |
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Sec. 249.001. DEFINITIONS. In this chapter: |
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(1) "Highway construction project" means a project |
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involving the construction, maintenance, or improvement of a state |
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highway. |
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(2) "Mitigation program" means the highway |
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construction mitigation program established under this chapter. |
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Sec. 249.002. ESTABLISHMENT OF MITIGATION PROGRAM. For the |
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purpose of mitigating the negative effects of a highway |
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construction project on adjacent businesses, the department shall |
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establish and administer a highway construction mitigation program |
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to reimburse eligible businesses for economic damages that are |
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directly attributable to a highway construction project. |
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Sec. 249.003. FUNDING; ALLOCATION OF MONEY. (a) Using |
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money appropriated to the department for that purpose, the |
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department shall award grants under the mitigation program to |
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eligible businesses on a quarterly, pro rata basis. |
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(b) An eligible business: |
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(1) may apply for a grant in multiple quarters; and |
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(2) may not use in a subsequent grant application |
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economic damages that were the basis of an application for which a |
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grant was awarded under this chapter. |
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Sec. 249.004. ELIGIBILITY FOR PROGRAM. (a) To be eligible |
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to receive a grant under the mitigation program, a business must: |
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(1) be organized under the laws of this state; |
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(2) be in good standing under the laws of this state; |
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(3) either: |
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(A) have pedestrian or road traffic access to the |
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business impacted by a highway construction project; or |
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(B) be located within five miles of a highway |
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construction project that has rerouted traffic or increased road |
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traffic congestion; and |
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(4) be able to establish that the business sustained |
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economic damages as a direct result of the highway construction |
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project, including by presenting: |
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(A) a decline in gross receipts; or |
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(B) an increase in expenses. |
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(b) If a business operates multiple locations that satisfy |
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the eligibility requirements under this section, each location may |
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separately apply for a grant under the mitigation program. |
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Sec. 249.005. USE OF MONEY. A business may use a grant |
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received under the mitigation program: |
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(1) to pay the business's expenses; or |
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(2) for any other legitimate business purpose |
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authorized by department rule. |
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Sec. 249.006. MITIGATION PROGRAM INFORMATION. The |
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department shall publish information regarding the mitigation |
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program on the department's Internet website, including |
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information regarding the application process for the mitigation |
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program. |
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Sec. 249.007. RULES. The department shall adopt rules |
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necessary to implement and administer this chapter, including rules |
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to establish: |
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(1) a standardized application process for the |
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mitigation program, the form to apply for a grant, and the manner of |
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submitting the form; and |
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(2) procedures for monitoring the disbursement and use |
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of grant money to ensure compliance with this chapter. |
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SECTION 2. Not later than January 1, 2026, the Texas |
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Department of Transportation shall adopt the rules necessary to |
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implement Chapter 249, Transportation Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |