For bridge projects over the Rio Grande, the applicant must get approval from the Texas commission and the United States and submit a report; the commission must decide within 121 days or the request is treated as approved.
Sec. 201.612. APPROVAL BY COMMISSION OF BRIDGE OVER RIO GRANDE. (a) A political subdivision or private entity authorized to construct or finance the construction of a bridge over the Rio Grande: (1) must obtain approval from the commission and from the United States under Subchapter IV, Chapter 11, Title 33, United States Code, for the construction of the bridge; and (2) shall submit to the commission a report that details the feasibility, location, economic effect, and environmental impact of the bridge and any other information the commission by rule may require. (b) The department shall: (1) to the maximum extent practicable, implement the approval process in the manner least burdensome to an applicant; and (2) allow an applicant to concurrently seek approval from the commission and the United States under Subsection (a)(1). (c) In determining whether to approve construction of the bridge, the commission shall consider: (1) the financial resources available to the political subdivision or private entity for construction of the bridge; (2) whether the revenue to be generated by the bridge is sufficient to finance the planning, design, construction, operation, and maintenance of the bridge; (3) whether the construction of the bridge is consistent with the transportation plan adopted by the state and, if appropriate, by the metropolitan planning organization with jurisdiction over the bridge; (4) the potential effect of the bridge on: (A) the economy of the region in which the bridge is to be located; (B) the environment of the region in which the bridge is to be located; (C) traffic congestion and mobility; and (D) the free flow of trade between the United Mexican States and this state; and (5) commitments from the appropriate jurisdictions of the United Mexican States to provide adequate approach roadways to the bridge. (d) In determining whether to approve the construction of the bridge, the commission shall solicit the advice of: (1) the Department of Public Safety; (2) the Texas Commission on Environmental Quality; (3) the Texas Historical Commission; (4) the Department of Agriculture; (5) the Texas Alcoholic Beverage Commission; (6) the Texas Department of Commerce; and (7) any other state agency the commission determines is appropriate. (e) If the commission fails to make a determination before the 121st day after the date the commission receives a request for approval under Subsection (a), the request is considered approved. (f) The commission may adopt rules to administer this section. (g) If the commission does not approve construction of the bridge, the applicant shall withdraw the request for approval from the United States. (h) A political subdivision is not required to comply with Subsection (a) for a project that: (1) is for the reconstruction, improvement, expansion, or maintenance of an existing bridge; and (2) has received approval from the United States under 33 U.S.C. Chapter 11, Subchapter IV (33 U.S.C. Section 535 et seq.), authorizing the project. Added by Acts 1997, ch. 165, Sec. 30.08(a), eff. Sept. 1, 1997; Acts 1997, ch. 165, Sec. 30.08(a), eff. Sept. 1, 1997. Renumbered from Sec. 201.610 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(93), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 576, Sec. 1, eff. June 20, 2003. Amended by: Acts 2021, 87th Leg., R.S., Ch. 982 (S.B. 2243), Sec. 1, eff. June 18, 2021. Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 57, eff. September 1, 2025.