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  S.B. No. 466
 
 
 
 
AN ACT
  relating to the authority of the Texas Department of Transportation
  to participate in certain federal transportation programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 201, Transportation Code,
  is amended by adding Section 201.6035 to read as follows:
         Sec. 201.6035.  AUTHORIZATION TO PARTICIPATE IN CERTAIN
  FEDERAL TRANSPORTATION PROGRAMS. (a)  The department may assume
  responsibilities of the United States Department of Transportation
  with respect to duties under the National Environmental Policy Act
  of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties
  under other federal environmental laws. The department may:
               (1)  assume responsibilities under 23 U.S.C. Sections
  326 and 327; and
               (2)  enter into one or more agreements, including
  memoranda of understanding, with the United States secretary of
  transportation related to:
                     (A)  designating categorical exclusions from
  federally required environmental assessments or impact statements
  for highway projects as provided by 23 U.S.C. Section 326; or
                     (B)  the federal surface transportation project
  delivery program for the delivery of transportation projects,
  including highway, railroad, public transportation, and multimodal
  projects, as provided by 23 U.S.C. Section 327.
         (b)  The commission may adopt rules to implement this section
  and may adopt relevant federal environmental standards as the
  standards for this state for a program described by Subsection (a).
         (c)  Except as provided by Subsection (d), sovereign
  immunity to suit in federal court and from liability is waived and
  abolished with regard to the compliance, discharge, or enforcement
  of a responsibility assumed by the department under this section.
         (d)  Subsection (c) does not create liability for the
  department that exceeds the liability created under 23 U.S.C.
  Section 326(c)(3) or 327(d).
         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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 466 passed the Senate on
  March 13, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 466 passed the House on
  May 2, 2013, by the following vote:  Yeas 145, Nays 2, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor