Cook Bill Makes TxDOT Assess Health Impacts Of Road Projects

The text as introduced · 467 words

89R12082 JRR-D

By: Cook
S.B. No. 1768

A BILL TO BE ENTITLED

AN ACT

relating to a health impact assessment for certain transportation

projects of the Texas Department of Transportation.

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

SECTION 1. Subchapter H, Chapter 201, Transportation Code,

is amended by adding Section 201.6045 to read as follows:

Sec. 201.6045. HEALTH IMPACT ASSESSMENT REQUIRED FOR

CERTAIN TRANSPORTATION PROJECTS. (a) In this section, "health

impact assessment" means a comprehensive report that analyzes the

potential health impacts of a proposed transportation project.

(b) Except as provided by Subsection (d), the department, in

conjunction with the Health and Human Services Commission, the

Texas Commission on Environmental Quality, and any applicable

metropolitan planning organization, shall perform a health impact

assessment of a proposed department transportation project that is

subject to review under the National Environmental Policy Act of

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

(c) A health impact assessment required under this section

must:

(1) evaluate the potential negative and positive

health impacts of the proposed transportation project, including

the anticipated changes to air quality from the project and the

potential health impacts of those changes;

(2) identify the populations affected by the health

impacts and anticipated air quality changes described by

Subdivision (1); and

(3) include mitigation strategies to minimize the

potential adverse impacts and enhance the positive impacts of the

project.

(d) The department may contract with a nongovernmental

organization to perform a health impact assessment required under

this section.

(e) The department shall:

(1) make available to the public on the department's

Internet website a draft of each health impact assessment performed

under this section in English and Spanish before publishing a final

health impact assessment;

(2) provide all interested persons with a period of

not less than 45 days from the date the draft health impact

assessment is published under Subdivision (1) to provide oral or

written comments or data to the department regarding the draft

health impact assessment; and

(3) after the close of the comment period described by

Subdivision (2) and making any revisions to the draft health impact

assessment, publish the final version of the health impact

assessment in the same manner required under Subdivision (1).

(f) The department may not make a final decision on a

proposed transportation project for which a health impact

assessment is required under this section until at least 30 days

after the publication of the final health impact assessment under

Subsection (e)(3).

SECTION 2. Section 201.6045, Transportation Code, as added

by this Act, applies only to a transportation project that becomes

subject to review under the National Environmental Policy Act of

1969 (42 U.S.C. Section 4321 et seq.) on or after the effective date

of this Act.

SECTION 3. This Act takes effect September 1, 2025.