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AN ACT
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relating to the authority of the Texas Department of Transportation |
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to mitigate adverse environmental impacts resulting from the |
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construction, improvement, or maintenance of state highways or |
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state highway facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 201.617, Transportation |
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Code, as transferred by Chapter 281 (H.B. 2702), Acts of the 79th |
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Legislature, Regular Session, 2005, is amended to read as follows: |
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(a) If authorized by an applicable regulatory authority, to |
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mitigate an adverse environmental impact that is a direct result of |
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the construction, improvement, or maintenance of a state highway or |
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the construction, improvement, or maintenance of a facility used in |
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connection with the construction, maintenance, or operation of a |
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state highway [improvement project], the department may: |
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(1) pay a fee to an appropriate public agency or |
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private entity in lieu of acquiring or agreeing to manage property; |
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(2) transfer any interest in real property to an |
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appropriate public agency or private entity, as authorized by the |
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regulatory authority that requires the mitigation, with or without |
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monetary consideration if the property is used or is proposed to be |
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used for mitigation purposes; or |
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(3) contract with any public or private entity for the |
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management of property owned by the department and used for |
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mitigation purposes. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 448 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 448 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |