Bill Text: TX SB1137 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to public participation in the development of transportation projects by the Texas Department of Transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Transportation & Homeland Sec. [SB1137 Detail]
Download: Texas-2011-SB1137-Introduced.html
82R2229 AJZ-F | ||
By: Watson | S.B. No. 1137 |
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relating to public participation in the development of | ||
transportation projects by the Texas Department of Transportation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 201, Transportation Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. PUBLIC PARTICIPATION | ||
Sec. 201.651. PUBLIC HEARINGS. (a) The commission by rule | ||
shall provide for the department to hold one or more public hearings | ||
for any transportation project owned or operated by the department | ||
for which the department determines that a public hearing is in the | ||
public interest or that: | ||
(1) requires the acquisition of significant amounts of | ||
rights-of-way; | ||
(2) substantially changes the layout or function of | ||
connecting roadways or of a facility being improved; | ||
(3) has a substantial adverse impact on adjoining | ||
property; or | ||
(4) otherwise has a significant social, economic, | ||
environmental, or other impact. | ||
(b) Any interested person may attend a public hearing held | ||
under this section. | ||
Sec. 201.652. PUBLIC COMMENT FOR PUBLIC HEARINGS. The | ||
commission by rule shall: | ||
(1) provide for the public to submit oral or written | ||
comments regarding a project described by Section 201.651; | ||
(2) provide for the department to prepare written | ||
responses to the comments; and | ||
(3) provide for the department to prepare a transcript | ||
of any oral comments submitted under this section. | ||
Sec. 201.653. PUBLIC MEETINGS. The commission by rule | ||
shall provide for the department to hold one or more public meetings | ||
for an informal exchange of information between the department and | ||
the public for a transportation project owned or operated by the | ||
department. The rules must provide for the public meetings to be | ||
held at the earliest possible stage of the project. Any interested | ||
person may attend a public meeting held under this section. | ||
Sec. 201.654. NOTICE OF PUBLIC HEARING OR PUBLIC MEETING. | ||
(a) The department shall provide notice of a public hearing under | ||
Section 201.651 or a public meeting under Section 201.653. The | ||
notice must be clear, easily readable, and informative, and must | ||
include: | ||
(1) the name and a description of the project; | ||
(2) a map or graphic illustration of the project; | ||
(3) the reason for the project; | ||
(4) the purpose of the hearing or meeting; | ||
(5) the location, date, and time of the hearing or | ||
meeting; | ||
(6) a contact telephone number for information about | ||
the hearing or meeting; and | ||
(7) the Internet website address where project | ||
information and the materials used at the hearing or meeting may be | ||
accessed. | ||
(b) The notice required by Subsection (a) must: | ||
(1) be published in a newspaper of general circulation | ||
in the county of the transportation project not less than 7 or more | ||
than 20 days before the date of the hearing or meeting; | ||
(2) be published in English and in the dominant | ||
language of a majority of the county's population if the population | ||
that will be affected by the project is significantly | ||
non-English-speaking; and | ||
(3) be distributed to the public not less than seven | ||
days before the date of the hearing or meeting using methods | ||
suitable for the distribution given the nature of the | ||
transportation project and the populations that may be affected by | ||
the project. | ||
(c) The methods of distributing the notice under Subsection | ||
(b)(3) include: | ||
(1) hand-delivered or mailed notices; | ||
(2) press releases to media outlets; and | ||
(3) dynamic message signs. | ||
Sec. 201.655. SCHEDULING PUBLIC HEARING OR PUBLIC MEETING. | ||
If the department holds more than one public hearing or more than | ||
one public meeting for a transportation project, the department | ||
shall vary the scheduling of the hearings or meetings to | ||
accommodate persons living in different geographic areas affected | ||
by the project and persons with varied work schedules. | ||
Sec. 201.656. PRESENTATION OF INFORMATION. (a) The | ||
department's presentation of information at a public hearing or | ||
meeting must include: | ||
(1) the design and schematic layout of the project; | ||
(2) the problem or need the project will address; | ||
(3) a reference to the department's mission, strategic | ||
plan, or legislative direction that is furthered by the project; | ||
(4) the project's relation to the local planning | ||
process; | ||
(5) an explanation, using diagrams, flowcharts, or | ||
other devices, of the procedural steps of the project and the | ||
estimated timeline for the project; and | ||
(6) a discussion of significant social, economic, | ||
environmental, or other impacts of the project. | ||
(b) The department shall publish on its Internet website any | ||
materials used at a public hearing or public meeting not later than | ||
the third day after the date of the hearing or meeting. | ||
(c) The department shall make available an e-mail address or | ||
Internet website that may be used to submit public comments | ||
concerning a project. | ||
Sec. 201.657. NOTIFYING ADJOINING PROPERTY OWNERS. | ||
(a) The commission by rule shall provide owners of adjoining | ||
property and affected local governments and public officials with | ||
notice and an opportunity for comment on a state highway project | ||
that involves: | ||
(1) the addition of one or more vehicular lanes to an | ||
existing highway; or | ||
(2) the construction of a highway at a new location. | ||
(b) The commission by rule shall provide procedures for | ||
informing adjoining property owners and affected local governments | ||
and public officials of impending construction. | ||
SECTION 2. Subchapter B, Chapter 203, Transportation Code, | ||
is repealed. | ||
SECTION 3. This Act takes effect January 1, 2012. |