82R2229 AJZ-F
	By: Watson	S.B. No. 1137

	A BILL TO BE ENTITLED
	AN ACT
	relating to public participation in the development of
	transportation projects by the Texas Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 201, Transportation Code, is amended by
	adding Subchapter H-1 to read as follows:
	SUBCHAPTER H-1.  PUBLIC PARTICIPATION
	Sec. 201.651.  PUBLIC HEARINGS. (a)  The commission by rule
	shall provide for the department to hold one or more public hearings
	for any transportation project owned or operated by the department
	for which the department determines that a public hearing is in the
	public interest or that:
	(1)  requires the acquisition of significant amounts of
	rights-of-way;
	(2)  substantially changes the layout or function of
	connecting roadways or of a facility being improved;
	(3)  has a substantial adverse impact on adjoining
	property; or
	(4)  otherwise has a significant social, economic,
	environmental, or other impact.
	(b)  Any interested person may attend a public hearing held
	under this section.
	Sec. 201.652.  PUBLIC COMMENT FOR PUBLIC HEARINGS. The
	commission by rule shall:
	(1)  provide for the public to submit oral or written
	comments regarding a project described by Section 201.651;
	(2)  provide for the department to prepare written
	responses to the comments; and
	(3)  provide for the department to prepare a transcript
	of any oral comments submitted under this section.
	Sec. 201.653.  PUBLIC MEETINGS. The commission by rule
	shall provide for the department to hold one or more public meetings
	for an informal exchange of information between the department and
	the public for a transportation project owned or operated by the
	department. The rules must provide for the public meetings to be
	held at the earliest possible stage of the project. Any interested
	person may attend a public meeting held under this section.
	Sec. 201.654.  NOTICE OF PUBLIC HEARING OR PUBLIC MEETING.
	(a)  The department shall provide notice of a public hearing under
	Section 201.651 or a public meeting under Section 201.653.  The
	notice must be clear, easily readable, and informative, and must
	include:
	(1)  the name and a description of the project;
	(2)  a map or graphic illustration of the project;
	(3)  the reason for the project;
	(4)  the purpose of the hearing or meeting;
	(5)  the location, date, and time of the hearing or
	meeting;
	(6)  a contact telephone number for information about
	the hearing or meeting; and
	(7)  the Internet website address where project
	information and the materials used at the hearing or meeting may be
	accessed.
	(b)  The notice required by Subsection (a) must:
	(1)  be published in a newspaper of general circulation
	in the county of the transportation project not less than 7 or more
	than 20 days before the date of the hearing or meeting;
	(2)  be published in English and in the dominant
	language of a majority of the county's population if the population
	that will be affected by the project is significantly
	non-English-speaking; and
	(3)  be distributed to the public not less than seven
	days before the date of the hearing or meeting using methods
	suitable for the distribution given the nature of the
	transportation project and the populations that may be affected by
	the project.
	(c)  The methods of distributing the notice under Subsection
	(b)(3) include:
	(1)  hand-delivered or mailed notices;
	(2)  press releases to media outlets; and
	(3)  dynamic message signs.
	Sec. 201.655.  SCHEDULING PUBLIC HEARING OR PUBLIC MEETING.
	If the department holds more than one public hearing or more than
	one public meeting for a transportation project, the department
	shall vary the scheduling of the hearings or meetings to
	accommodate persons living in different geographic areas affected
	by the project and persons with varied work schedules.
	Sec. 201.656.  PRESENTATION OF INFORMATION. (a)  The
	department's presentation of information at a public hearing or
	meeting must include:
	(1)  the design and schematic layout of the project;
	(2)  the problem or need the project will address;
	(3)  a reference to the department's mission, strategic
	plan, or legislative direction that is furthered by the project;
	(4)  the project's relation to the local planning
	process;
	(5)  an explanation, using diagrams, flowcharts, or
	other devices, of the procedural steps of the project and the
	estimated timeline for the project; and
	(6)  a discussion of significant social, economic,
	environmental, or other impacts of the project.
	(b)  The department shall publish on its Internet website any
	materials used at a public hearing or public meeting not later than
	the third day after the date of the hearing or meeting.
	(c)  The department shall make available an e-mail address or
	Internet website that may be used to submit public comments
	concerning a project.
	Sec. 201.657.  NOTIFYING ADJOINING PROPERTY OWNERS.
	(a)  The commission by rule shall provide owners of adjoining
	property and affected local governments and public officials with
	notice and an opportunity for comment on a state highway project
	that involves:
	(1)  the addition of one or more vehicular lanes to an
	existing highway; or
	(2)  the construction of a highway at a new location.
	(b)  The commission by rule shall provide procedures for
	informing adjoining property owners and affected local governments
	and public officials of impending construction.
	SECTION 2.  Subchapter B, Chapter 203, Transportation Code,
	is repealed.
	SECTION 3.  This Act takes effect January 1, 2012.