Texas Transportation Code - Section 91.034. Environmental Mitigation
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Texas Laws > Transportation Code > Texas Transportation Code - Section 91.034. Environmental Mitigation
§ 91.034. ENVIRONMENTAL MITIGATION. (a) The department
may acquire, maintain, hold, restore, enhance, develop, or
redevelop property for the purpose of mitigating a past, present,
or future adverse environmental effect arising from the
construction, maintenance, or operation of a rail facility without
regard to whether the need for mitigation has already been
established for a particular project.
(b) The department may contract with a governmental or
private entity to maintain, control, hold, restore, enhance,
develop, or redevelop property for the mitigation of a past,
present, or future adverse environmental effect arising from the
construction, maintenance, or operation of a rail facility without
regard to whether the need for mitigation has already been
established for a particular project.
(c) If authorized by the applicable regulatory authority,
the department may pay an amount of money to an appropriate
governmental or private entity instead of acquiring or managing
property for the mitigation of a past, present, or future adverse
environmental effect arising from construction, maintenance, or
operation of a rail facility without regard to whether the need for
mitigation has already been established for a particular project.
Added by Acts 2003, 78th Leg., ch. 1325, § 4.01, eff. June 21,
2003.
Section: 91.004 91.005 91.006 91.007 91.031 91.032 91.033 91.034 91.035 91.036 91.0361 91.037 91.051 91.052 91.053
Last modified: August 11, 2007
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