Bill Text: TX SB466 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the authority of the Texas Department of Transportation to participate in certain federal transportation programs.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-05-18 - Effective immediately [SB466 Detail]
Download: Texas-2013-SB466-Enrolled.html
| S.B. No. 466 | ||
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| relating to the authority of the Texas Department of Transportation | ||
| to participate in certain federal transportation programs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 201, Transportation Code, | ||
| is amended by adding Section 201.6035 to read as follows: | ||
| Sec. 201.6035. AUTHORIZATION TO PARTICIPATE IN CERTAIN | ||
| FEDERAL TRANSPORTATION PROGRAMS. (a) The department may assume | ||
| responsibilities of the United States Department of Transportation | ||
| with respect to duties under the National Environmental Policy Act | ||
| of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties | ||
| under other federal environmental laws. The department may: | ||
| (1) assume responsibilities under 23 U.S.C. Sections | ||
| 326 and 327; and | ||
| (2) enter into one or more agreements, including | ||
| memoranda of understanding, with the United States secretary of | ||
| transportation related to: | ||
| (A) designating categorical exclusions from | ||
| federally required environmental assessments or impact statements | ||
| for highway projects as provided by 23 U.S.C. Section 326; or | ||
| (B) the federal surface transportation project | ||
| delivery program for the delivery of transportation projects, | ||
| including highway, railroad, public transportation, and multimodal | ||
| projects, as provided by 23 U.S.C. Section 327. | ||
| (b) The commission may adopt rules to implement this section | ||
| and may adopt relevant federal environmental standards as the | ||
| standards for this state for a program described by Subsection (a). | ||
| (c) Except as provided by Subsection (d), sovereign | ||
| immunity to suit in federal court and from liability is waived and | ||
| abolished with regard to the compliance, discharge, or enforcement | ||
| of a responsibility assumed by the department under this section. | ||
| (d) Subsection (c) does not create liability for the | ||
| department that exceeds the liability created under 23 U.S.C. | ||
| Section 326(c)(3) or 327(d). | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 466 passed the Senate on | ||
| March 13, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 466 passed the House on | ||
| May 2, 2013, by the following vote: Yeas 145, Nays 2, two present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
