| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on converting a nontolled state highway |
|
|
or segment of the state highway system to a toll project. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 228.201, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION. The |
|
|
[(a) Except as provided by Section 228.2015, the] department may |
|
|
not operate a nontolled state highway or a segment of a nontolled |
|
|
state highway as a toll project, and may not transfer a nontolled |
|
|
highway or segment to another entity for operation as a toll |
|
|
project[, unless:
|
|
|
[(1)
the commission by order designated the highway or
|
|
|
segment as a toll project before the contract to construct the
|
|
|
highway or segment was awarded;
|
|
|
[(2)
the highway or segment was open to traffic as a
|
|
|
turnpike project on or before September 1, 2005;
|
|
|
[(3)
the project was designated as a toll project in a
|
|
|
plan or program of a metropolitan planning organization on or
|
|
|
before September 1, 2005;
|
|
|
[(4)
the highway or segment is reconstructed so that
|
|
|
the number of nontolled lanes on the highway or segment is greater
|
|
|
than or equal to the number in existence before the reconstruction;
|
|
|
[(5)
a facility is constructed adjacent to the highway
|
|
|
or segment so that the number of nontolled lanes on the converted
|
|
|
highway or segment and the adjacent facility together is greater
|
|
|
than or equal to the number in existence on the converted highway or
|
|
|
segment before the conversion;
|
|
|
[(6)
subject to Subsection (b), the highway or segment
|
|
|
was open to traffic as a high-occupancy vehicle lane on May 1, 2005;
|
|
|
or
|
|
|
[(7)
the commission converts the highway or segment to
|
|
|
a toll facility by:
|
|
|
[(A)
making the determination required by
|
|
|
Section 228.202;
|
|
|
[(B)
conducting the hearing required by Section
|
|
|
228.203; and
|
|
|
[(C)
obtaining county and voter approval as
|
|
|
required by Sections 228.207 and 228.208]. |
|
|
[(b)
The department may operate or transfer a
|
|
|
high-occupancy vehicle lane under Subsection (a)(6) as a tolled
|
|
|
lane only if the department or other entity operating the lane
|
|
|
allows vehicles occupied by a specified number of passengers to use
|
|
|
the lane without paying a toll.] |
|
|
SECTION 2. Sections 228.202, 228.203, 228.204, 228.205, |
|
|
228.206, 228.207, and 228.208, Transportation Code, are repealed. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |