HB 5391

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
(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;
(D)  each affected local community and its
(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
(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;
(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
(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.