Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Wolens                                       H.B. No. 2908

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to high occupancy vehicle lanes and the charging of tolls

 1-3     on the state highway system for the purpose of congestion

 1-4     mitigation.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 224, Transportation Code, is amended by

 1-7     adding Subchapter F to read as follows:

 1-8        SUBCHAPTER F.  CONGESTION MITIGATION PROJECTS AND FACILITIES

 1-9           Sec. 224.151.  DEFINITIONS.  In this subchapter:

1-10                 (1)  "Carpool and vanpool project" means desginating

1-11     highway lanes as preferential carpool or high occupancy vehicle

1-12     lanes and creating facilities to relieve traffic congestion.

1-13                 (2)  "Congestion" means the level at which

1-14     transportation system performance is no longer acceptable due to

1-15     traffic interference.  The level of acceptable system performance

1-16     may vary by type of transportation facility, geographic location

1-17     (metropolitan area or subarea, rural area), and/or time of day.

1-18                 (3)  "Congestion mitigation" means projects and

1-19     facilities used to reduce congestion in order to promote the use of

1-20     carpools and vanpools, improve air quality, conserve fuel, and

1-21     enhance the use of existing highways and facilities on the state

1-22     highway system.

1-23                 (4)  "Corporation" means a transportation corporation

1-24     created by the state under Chapter 431.

 2-1                 (5)  "High occupancy vehicle" means a bus or other

 2-2     motorized passenger vehicle such as a carpool or vanpool vehicle

 2-3     used for ridesharing purposes and occupied by a specified minimum

 2-4     number of persons.

 2-5                 (6)  "High occupancy vehicle lane" means one or more

 2-6     lanes of a highway facility or an entire highway facility where

 2-7     high occupancy vehicles, trucks, or emergency vehicles or any

 2-8     combination thereof are given at all times, or at regularly

 2-9     scheduled times, a priority or preference over some or all other

2-10     vehicles moving in the general stream of all highway traffic.

2-11                 (7)  "Motor vehicle" has the meaning assigned by

2-12     Transportation Code, Section 522.003.

2-13           Sec. 224.152.  PURPOSE.  (a)  Subject to the availability of

2-14     state and federal funds, it is the intent of the legislature to

2-15     further the purposes of the United States Congress as expressed in

2-16     23 U.S.C.  Section 134, Section 135, Section 146 and Section 149

2-17     and in Section 1012(b) of Pub.L. 102-240 to conserve fuel, decrease

2-18     traffic congestion during rush hours, improve air quality, develop

2-19     innovative techniques to finance transportation projects, and

2-20     enhance the use of existing highways and facilities.

2-21           (b)  The legislature declares that it is necessary, in order

2-22     to further the purposes described in Subsection (a), to provide for

2-23     the participation of the commission and the department in projects

2-24     and facilities for the purpose of congestion mitigation.

2-25           Sec. 224.153.  HIGH OCCUPANCY VEHICLE LANES AUTHORIZED.

2-26     (a)  The commission may designate and the department or a

2-27     corporation may design, construct, operate, and maintain one or

2-28     more lanes on a multi-lane highway facility as dedicated high

2-29     occupancy vehicle lanes on the state highway system.

2-30           (b)  The commission may spend or allocate any available funds

 3-1     for purposes of a carpool and vanpool project or any other

 3-2     designation of a dedicated high occupancy vehicle lane on the state

 3-3     highway system.

 3-4           Sec. 224.154.  CONGESTION MITIGATION.  (a)  Notwithstanding

 3-5     any law of this state relating to charging tolls on existing free

 3-6     public highways, the commission may by order authorize the

 3-7     department or a corporation to charge a toll for the use of one or

 3-8     more lanes of a state highway facility, including a high occupancy

 3-9     vehicle lane, for the purposes of congestion mitigation.

3-10           (b)  The commission may by order set the amount of toll

3-11     charges.  Any toll charges shall be imposed in a reasonable and

3-12     nondiscriminatory manner.

3-13           (c)  For purposes of congestion mitigation projects and

3-14     facilities under this subchapter, the department and a corporation

3-15     are successor agencies to the Texas Turnpike Authority for purposes

3-16     of Section 52-b, Article III, Texas Constitution.

3-17           (d)  Revenue generated from toll charges and administrative

3-18     fees assessed by the department in connection with a congestion

3-19     mitigation facility shall be deposited in the state highway fund

3-20     and may only be used for projects for the improvement of the state

3-21     highway system.

3-22           (e)  The powers granted by this section are subject to the

3-23     restrictions of 23 U.S.C. Section 129.

3-24           Sec. 224.155.  FAILURE OR REFUSAL TO PAY TOLL CHARGES.  Any

3-25     motor vehicle that is not a police or emergency vehicle, driven or

3-26     towed through a toll collection facility, shall pay the proper

3-27     toll.

3-28           Sec. 224.156.  ADMINISTRATIVE FEE; NOTICE.  (a)  In the event

3-29     of nonpayment of the proper toll, on issuance of proper notice of

3-30     nonpayment, the registered owner of the nonpaying vehicle is

 4-1     legally bound to pay both the proper toll and an administrative

 4-2     fee.

 4-3           (b)  The commission by rule and a corporation by order of its

 4-4     board of directors may respectively fix an administrative fee, not

 4-5     to exceed $100, so as to recover the cost of collecting an unpaid

 4-6     toll.  The notice of nonpayment to the registered owner shall be

 4-7     sent by the department by first class mail not later than 30 days

 4-8     after the date of the alleged failure to pay and may require

 4-9     payment not sooner than 30 days from the date the notice was

4-10     mailed.  The registered owner shall pay a separate toll and

4-11     administrative fee for each event of nonpayment.

4-12           (c)  If the registered owner of the vehicle fails to pay the

4-13     proper toll and administrative fee within the time specified by the

4-14     notice of nonpayment issued under this section, the registered

4-15     owner shall be cited as for other traffic violations for the

4-16     nonpayment, and the owner is legally bound to pay a fine, not to

4-17     exceed $250, for each event of nonpayment.  Neither the legal

4-18     obligation to pay nor the actual payment of the fine shall affect

4-19     the legal duty of the owner for any other fine or penalty

4-20     prescribed by law.

4-21           Sec. 224.157.  PROSECUTIONS.  (a)  In the prosecution of a

4-22     violation under Section 224.155 and 224.156, proof that the vehicle

4-23     passed through a toll collection facility without payment of the

4-24     proper toll, together with proof that the defendant was the

4-25     registered owner of the vehicle when the failure to pay occurred,

4-26     establishes the nonpayment of the registered owner.

4-27           (b)  The court of the local jurisdiction in which the

4-28     violation occurred may assess and collect the fine, in addition to

4-29     any court costs.  The court shall also collect the proper toll and

4-30     administrative fee and forward the toll and fee to the department

 5-1     or to the corporation.

 5-2           (c)  It is a defense to nonpayment under Section 224.155 or

 5-3     224.156 that the motor vehicle in question was stolen before the

 5-4     failure to pay the proper toll occurred and was not recovered by

 5-5     the time of the failure to pay, but only if the theft was reported

 5-6     to the appropriate law enforcement authority before the earlier of:

 5-7                 (1)  the occurrence of the failure to pay; or

 5-8                 (2)  eight hours after discovery of the theft.

 5-9           (d)  A registered owner who is a lessor of a vehicle

5-10     concerning which a notice of nonpayment was issued under Section

5-11     224.156 is not liable in connection with that notice of nonpayment

5-12     if, not later than 30 days after the date the notice of nonpayment

5-13     is mailed, the registered owner provides to the department or the

5-14     corporation a copy of the rental, lease, or other contract document

5-15     covering the vehicle on the date of the nonpayment, with the name

5-16     and address of the lessee clearly legible.  Failure to provide this

5-17     information within the period prescribed renders the lessor liable

5-18     as the registered owner.  If the lessor provides the required

5-19     information within the period prescribed, the lessee of the vehicle

5-20     on the date of the violation is considered to be the owner of the

5-21     vehicle for purposes of this subchapter and is subject to

5-22     prosecution for failure to pay the proper toll as if the lessee

5-23     were the registered owner, if the department or the corporation

5-24     sends a notice of nonpayment to the lessee by first class mail

5-25     within 30 days after the date of receipt of the required

5-26     information from the lessor.

5-27           Sec. 224.158.  USE AND RETURN OF TRANSPONDERS.  (a)  For

5-28     purposes of this section, a "transponder" means a device, placed on

5-29     or within a motor vehicle, that is capable of transmitting

5-30     information used to assess or collect tolls.  A transponder is

 6-1     "insufficiently funded" when there are no remaining funds in the

 6-2     account in connection with which the transponder was issued.

 6-3           (b)  Any law enforcement officer of the Department of Public

 6-4     Safety of the State of Texas has the authority to seize a stolen or

 6-5     insufficiently funded transponder and to return it to the

 6-6     department or the corporation, except that an insufficiently funded

 6-7     transponder may not be seized sooner than 30 days after the date

 6-8     the department or the corporation has sent a notice of delinquency

 6-9     to the holder of the account.

6-10           Sec. 224.159.  ADOPTION OF RULES; PRESCRIBED FORMS.  The

6-11     commission shall adopt rules and prescribe forms to administer this

6-12     subchapter.

6-13           SECTION 2.  Section 431.073, Transportation Code, is amended

6-14     to read as follows:

6-15           Sec. 431.073.  Projects in County of 1.5 Million or More or

6-16     Adjacent County.  (a)  This section applies only to a corporation

6-17     [in existence on August 31, 1991,] that was created by the state or

6-18     one or more counties or municipalities to implement a

6-19     transportation project in:

6-20                 (1)  a county with a population of 1.5 million or more;

6-21     or

6-22                 (2)  a county adjacent to a county described by

6-23     Subdivision (1).

6-24           (b)  If approved and authorized by the commission, a

6-25     corporation created by the state shall have and exercise the

6-26     rights, powers, privileges, authority, and functions given the

6-27     department under this title to:

6-28                 (1)  construct, improve, operate, and maintain high

6-29     occupancy vehicle lanes; and

6-30                 (2)  charge a toll for the use of one or more high

 7-1     occupancy vehicle lanes for the purpose of congestion mitigation.

 7-2           (c)  A corporation in existence on August 31, 1991, has the

 7-3     powers, rights, and privileges of a corporation created under

 7-4     Chapter 11, Title 32, Revised Statutes, as that law existed on

 7-5     August 31, 1991, except that the required right-of-way of any

 7-6     highway, road, street, or turnpike may be of the width required or

 7-7     approved by the commission or each governing body creating the

 7-8     corporation.

 7-9           SECTION 3.  The importance of this legislation and the

7-10     crowded condition of the calendars in both houses create an

7-11     emergency and an imperative public necessity that the

7-12     constitutional rule requiring bills to be read on three separate

7-13     days in each house be suspended, and this rule is hereby suspended,

7-14     and that this Act take effect and be in force from and after its

7-15     passage, and it is so enacted.