HBA-ALS H.B. 539 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 539
By: Zbranek
Transportation
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Legislation enacted by the 72nd Legislature in 1991 instructed the Texas
Department of Transportation (TxDOT) to construct, repair, and maintain
roads in and adjacent to state parks.  State fish hatcheries and wildlife
management areas were included in this instruction by the 74th Legislature.
However, TxDOT contends that the word adjacent is an ambiguous term, and
the agency has determined that it has no more responsibility for road
maintenance related to Texas Parks and Wildlife Department (TPWD)
facilities than TPWD did before the transfer of responsibility took place
in 1991. 

There are approximately 311 miles of county and municipal government owned
roads and streets that provide access to park, fishery, and wildlife areas
controlled by the state.  The TPWD does not own, have oversight, or have
responsibility for maintenance and repair of these roads which were not
typically constructed for a large amount of traffic. 

H.B. 539 clarifies the instruction given by the 72nd and 74th legislatures
by requiring TxDOT to take responsibility for roads providing access
between a facility and a state highway when no state highway providing
direct access and provides that the state highway fund will pay for this
additional responsibility. This bill also requires TxDOT to cooperate with
counties and municipalities if a road is under the jurisdiction of the
county or municipality.  Furthermore, this bill restricts TxDOT's power of
eminent domain. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 250, Transportation Code, by adding Section
250.002, as follows: 

Sec.  250.002.  ROAD IN OR ADJACENT TO PARKS AND WILDLIFE FACILITY.  (a)
Defines "parks and wildlife facility." 

(b)  Requires the Texas Department of Transportation (TxDOT) to construct,
repair, and maintain roads in and adjacent to a parks and wildlife facility
(facility) notwithstanding any other law. 

(c)  Requires TxDOT to construct, repair, and maintain a road providing
access between a  facility and a state highway when no state highway
provides direct access to that facility.  Requires TxDOT to agree with a
municipality or county to construct, repair, and maintain a road if that
road is under the jurisdiction of the municipality or county. 

(d)  Requires TxDOT to acquire private land required for right-of-way
purposes. Prohibits obtaining an easement, right-of-way, or similar access
to a facility if the Texas Parks and Wildlife Department does not hold an
easement, right-of-way, or similar access to that facility unless there is
written consent from all affected private landowners. 

 (e)  Requires that the state highway fund pay for the construction,
repairs, maintenance, or acquisitions made under this section. 

SECTION 2.  Repealer:  Section 13.013, Parks and Wildlife Code
(Construction of Roads by Texas Department of Transportation), and Section
1.02, Chapter 7, Acts of the 72nd Legislature, 1st Called Session, 1991
(regarding the construction, maintenance, and repairs of roads adjacent to
state parks). 

SECTION 3.  Emergency clause. 
                       Effective date:  upon passage.