HBA-DMH S.B. 416 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 416
By: Ogden
Transportation
4/1/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) is required by
federal law, under certain circumstances, to mitigate an adverse
environmental impact resulting from highway improvement projects through
the creation or maintenance of wetlands or habitat that offsets the loss of
the affected ecosystem. If wetlands and habitats affected by a TxDOT
project are not within an existing habitat conservation plan, TxDOT must
purchase and manage mitigation sites to offset the impact of the project.
TxDOT may be able to meet environmental mitigation obligations by paying a
fee to a public agency or private entity in lieu of purchasing or agreeing
to manage mitigation sites, allowing greater flexibility in meeting those
obligations. Senate Bill 416 authorizes TxDOT to pay a fee to an
appropriate public agency or private entity to meet federally-mandated
environmental mitigation standards instead of acquiring and developing or
managing mitigation sites. 

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

Senate Bill 416 amends the Transportation Code to authorize the Texas
Department of Transportation, if authorized by the applicable regulatory
authority, to pay a fee to an appropriate public agency or private entity
in lieu of acquiring or agreeing to manage property for the mitigation of
an adverse environmental impact that is a direct result of a state highway
improvement project. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.