TxDOT Must Weigh Local Designs, Unless It Calls Them ‘Unreasonable’

The text as introduced · 377 words

By: Morales Shaw
H.B. No. 5391

A BILL TO BE ENTITLED

AN ACT

relating to design considerations of transportation projects by the

Texas Department of Transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 201.615, Transportation Code, is amended

by amending Subsections (a) and (b) and adding Subsection (d) to

read as follows:

(a) The department shall consider the following factors

when developing transportation projects that involve the

construction, reconstruction, rehabilitation, or resurfacing of a

highway, other than a maintenance resurfacing project:

(1) the extent to which the project promotes safety;

(2) the durability of the project;

(3) the economy of maintenance of the project;

(4) the impact of the project on:

(A) the natural and artificial environment;

(B) the scenic and aesthetic character of the

area in which the project is located;

(C) preservation efforts; and

(D) each affected local community and its

economy;

(5) the access for other modes of transportation,

including those that promote physically active communities; [ and ]

(6) except as provided by Subsection (c), the

aesthetic character of the project, including input from each

affected local community ;

(7) except as provided by Subsection (d), an

alternative design for the project that has been approved by a vote

of the governing body of a municipality, county, or metropolitan

planning organization that represents an affected local community;

and

(8) the negative impacts to an affected local

community from previous transportation projects .

(b) The commission shall adopt rules to implement this

section. Rules adopted under this section must require the

commission to review alternative designs for each transportation

project to which Subsection (a)(7) applies as if the project were

subject to review under the National Environmental Policy Act of

1969 (42 U.S.C. Section 4321 et seq.).

(d) Subsection (a)(7) does not apply to a transportation

project if the department finds that an alternative design for a

transportation project approved by the governing body of a

municipality, county, or metropolitan planning organization is

frivolous, unreasonable, or intended to delay a transportation

project.

(e) Subsection (a)(7) only applies to a transportation

project subject to review under the National Environmental Policy

Act of 1969 (42 U.S.C. Section 4321 et seq.).

SECTION 2. This Act takes effect September 1, 2025.