HBA-MSH C.S.S.B. 267 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 267 By: Ogden Transportation 4/2/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current federal law, the Texas Department of Transportation (TxDOT) is required under certain circumstances to mitigate an adverse environmental impact resulting from highway improvements through the creation or maintenance of wetlands or habitat that offsets the loss of the affected ecosystem. TxDOT is authorized to purchase property for these purposes and to contract with the Texas Parks and Wildlife Department (TWPD) for the management of the property. Contracting for management of these properties with public or private entities other than TWPD may reduce TxDOT expenditures. C.S.S.B. 267 allows TxDOT to contract with entities other than TWPD for the management of the property used for mitigation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.S.B. 267 amends the Transportation Code to authorize the Texas Department of Transportation to contract with any public or private entity rather than only the Texas Parks and Wildlife Department for the management of property used for the mitigation of an adverse environmental impact directly resulting from the construction or maintenance of a state highway. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 267 differs from the original by removing the requirement that the Texas Department of Transportation consult with the Texas Parks and Wildlife Department to ensure that the proposed contract for the management of property used for the mitigation of an adverse environmental impact is in the best interest of the state's natural resources.