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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on converting state highway lanes to |
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tolled or other types of managed lanes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 224.151(9), Transportation Code, is |
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amended to read as follows: |
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(9) "Restricted lane" or "managed lane" means a lane |
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whose use or access is restricted to increase the efficiency of the |
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highway. The term includes: |
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(A) a high occupancy vehicle lane; |
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(B) a toll lane under Section 228.007; and |
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(C) an exclusive lane. |
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SECTION 2. Subchapter F, Chapter 224, Transportation Code, |
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is amended by adding Section 224.1525 to read as follows: |
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Sec. 224.1525. LIMITATION ON MANAGED LANES. The department |
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may not operate an unrestricted lane of a state highway as a managed |
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lane, and may not transfer an unrestricted lane to another entity |
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for operation as a managed lane. |
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SECTION 3. Section 224.1541(a), Transportation Code, is |
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amended to read as follows: |
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(a) Subject to Section 224.1525, the [The] commission by |
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order may designate and the department may finance, design, |
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construct, operate, or maintain one or more lanes of a state highway |
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facility as exclusive lanes. |
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SECTION 4. The heading to Subchapter E, Chapter 228, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER E. [LIMITATION ON TOLL FACILITY DETERMINATION;] |
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CONVERSION OF NONTOLLED STATE HIGHWAY |
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SECTION 5. Section 228.201, Transportation Code, is amended |
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to read as follows: |
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Sec. 228.201. PROHIBITION ON CONVERSION OF NONTOLLED STATE |
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HIGHWAY [LIMITATION ON TOLL FACILITY DESIGNATION]. [(a)] The |
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department may not operate all or part of a nontolled state highway, |
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including a nontolled exclusive lane, high-occupancy vehicle lane, |
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or other restricted or managed lane [or a segment of a nontolled
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state highway] as a toll project, and may not transfer all or part |
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of a nontolled highway [or segment] to another entity for operation |
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as a toll project[, unless:
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[(1)
the commission by order designated the highway or
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segment as a toll project before the contract to construct the
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highway or segment was awarded;
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[(2)
the project was designated as a toll project in a
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plan or program of a metropolitan planning organization on or
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before September 1, 2005;
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[(3)
the highway or segment is reconstructed so that
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the number of nontolled lanes on the highway or segment is greater
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than or equal to the number in existence before the reconstruction;
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[(4)
a facility is constructed adjacent to the highway
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or segment so that the number of nontolled lanes on the converted
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highway or segment and the adjacent facility together is greater
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than or equal to the number in existence on the converted highway or
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segment before the conversion; or
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[(5)
subject to Subsection (b), the highway or segment
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was open to traffic as a high-occupancy vehicle lane on May 1,
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2005]. |
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[(b)
The department may operate or transfer a
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high-occupancy vehicle lane under Subsection (a)(5) as a tolled
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lane only if the department or other entity operating the lane
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allows vehicles occupied by a specified number of passengers to use
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the lane without paying a toll.] |
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SECTION 6. Sections 228.204 and 228.206, Transportation |
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Code, are repealed. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |