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.