SB2935 - Relating to the establishment of a highway construction mitigation program for certain businesses.

  89R3168 SRA-D     By: Menéndez S.B. No. 2935       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a highway construction mitigation   program for certain businesses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 6, Transportation Code, is   amended by adding Chapter 249 to read as follows:   CHAPTER 249.   HIGHWAY CONSTRUCTION MITIGATION PROGRAM FOR CERTAIN   BUSINESSES           Sec. 249.001.  DEFINITIONS.  In this chapter:                 (1)     "Highway construction project" means a project   involving the construction, maintenance, or improvement of a state   highway.                 (2)     "Mitigation program" means the highway   construction mitigation program established under this chapter.           Sec.   249.002.     ESTABLISHMENT OF MITIGATION PROGRAM.   For the   purpose of mitigating the negative effects of a highway   construction project on adjacent businesses, the department shall   establish and administer a highway construction mitigation program   to reimburse eligible businesses for economic damages that are   directly attributable to a highway construction project.           Sec.   249.003.     FUNDING; ALLOCATION OF MONEY. (a) Using   money appropriated to the department for that purpose, the   department shall award grants under the mitigation program to   eligible businesses on a quarterly, pro rata basis.           (b)  An eligible business:                 (1)  may apply for a grant in multiple quarters; and                   (2)     may not use in a subsequent grant application   economic damages that were the basis of an application for which a   grant was awarded under this chapter.           Sec.   249.004.     ELIGIBILITY FOR PROGRAM.   (a)   To be eligible   to receive a grant under the mitigation program, a business must:                 (1)  be organized under the laws of this state;                   (2)  be in good standing under the laws of this state;                 (3)  either:                       (A)     have pedestrian or road traffic access to the   business impacted by a highway construction project; or                       (B)     be located within five miles of a highway   construction project that has rerouted traffic or increased road   traffic congestion; and                 (4)     be able to establish that the business sustained   economic damages as a direct result of the highway construction   project, including by presenting:                         (A)  a decline in gross receipts; or                         (B)  an increase in expenses.           (b)     If a business operates multiple locations that satisfy   the eligibility requirements under this section, each location may   separately apply for a grant under the mitigation program.             Sec.   249.005.     USE OF MONEY.   A business may use a grant   received under the mitigation program:                 (1)  to pay the business's expenses; or                 (2)     for any other legitimate business purpose   authorized by department rule.           Sec.   249.006.     MITIGATION PROGRAM INFORMATION.   The   department shall publish information regarding the mitigation   program on the department's Internet website, including   information regarding the application process for the mitigation   program.           Sec.   249.007.     RULES.   The department shall adopt rules   necessary to implement and administer this chapter, including rules   to establish:                   (1)     a standardized application process for the   mitigation program, the form to apply for a grant, and the manner of   submitting the form; and                 (2)     procedures for monitoring the disbursement and use   of grant money to ensure compliance with this chapter.          SECTION 2.  Not later than January 1, 2026, the Texas   Department of Transportation shall adopt the rules necessary to   implement Chapter 249, Transportation Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.