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