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.