SB2092 - Relating to establishing a highway construction mitigation program for certain highway construction projects.

  89R14945 RDR-F     By: Cook S.B. No. 2092       A BILL TO BE ENTITLED   AN ACT   relating to establishing a highway construction mitigation program   for certain highway construction projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter H, Chapter 201, Transportation Code,   is amended by adding Section 201.626 to read as follows:           Sec.   201.626.     HIGHWAY CONSTRUCTION MITIGATION PROGRAM. (a)     In this section:                 (1)     "Highway construction mitigation program" means   the highway construction mitigation program established under this   section.                 (2)     "Highway construction project" means a project   involving the construction, maintenance, demolition, or   improvement of a state highway.           (b)     For the purpose of mitigating the negative effects of a   highway construction project on adjacent neighborhoods, the   department by rule shall establish and implement a highway   construction mitigation program to fund projects that:                 (1)     reduce the impact of dust and noise from a highway   construction project and mitigate air quality issues caused by a   highway construction project;                 (2)     reduce the impact of adverse environmental   consequences caused by a highway construction project;                 (3)     relocate fencing or other property structures as   necessary to accommodate a highway construction project; and                 (4)     restore or repair damage caused by a highway   construction project to structures or fixtures located 500 feet or   less from the highway construction project.           (c)     The highway construction mitigation program must   provide grants to eligible applicants to fund projects described by   Subsection (b).   For purposes of the highway construction   mitigation program, an eligible applicant includes:                 (1)     the owner of a single-family home or duplex   located 500 feet or less from a highway construction project;                 (2)     the owner of a multi-family home located 500 feet   or less from a highway construction project;                 (3)     a religious organization that qualifies under   Section 11.20, Tax Code, that owns a structure located 500 feet or   less from a highway construction project; or                 (4)     a public school district in which a public school   campus is located 500 feet or less from a highway construction   project.           (d)     A metropolitan planning organization or local authority   shall ensure that the department provides highway construction   mitigation program services for each highway construction project   occurring within the boundaries of the organization or authority.          SECTION 2.  Notwithstanding Section 201.626, Transportation   Code, as added by this Act, the Texas Department of Transportation   is not required to comply with that section before January 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.