HB5391 - Relating to design considerations of transportation projects by the Texas Department of Transportation.

      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.