Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Armbrister                              S.B. No. 1461

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     on the state highway system for the purpose of congestion

 1-3     mitigation.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 224, Transportation Code, is amended by

 1-6     adding Subchapter F to read as follows:

 1-7        SUBCHAPTER F.  CONGESTION MITIGATION PROJECTS AND FACILITIES

 1-8           Sec. 224.151.  DEFINITIONS.  In this subchapter:

 1-9                 (1)  "Carpool and vanpool project" means designating

1-10     highway lanes as preferential carpool or high occupancy vehicle

1-11     lanes and creating facilities to relieve traffic congestion.

1-12                 (2)  "Congestion" means the level at which

1-13     transportation system performance is no longer acceptable due to

1-14     traffic interference.  The level of acceptable system performance

1-15     may vary by type of transportation facility, geographic location

1-16     (metropolitan area or subarea, rural area), and/or time of day.

1-17                 (3)  "Congestion mitigation" means projects and

1-18     facilities used to reduce congestion in order to promote the use of

1-19     carpools and vanpools, improve air quality, conserve fuel, and

1-20     enhance the use of existing highways and facilities on the state

1-21     highway system.

1-22                 (4)  "Corporation" means a transportation corporation

1-23     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. Sec. 134, Sec. 135, Sec. 146 and Sec. 149 and in Section

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

2-18     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.

 3-1     (a)  The commission may designate and the department or a

 3-2     corporation may design, construct, operate, and maintain one or

 3-3     more lanes on a multi-lane highway facility as dedicated high

 3-4     occupancy vehicle lanes on the state highway system.

 3-5           (b)  The commission may spend or allocate any available funds

 3-6     for purposes of a carpool and vanpool project or any other

 3-7     designation of a dedicated high occupancy vehicle lane on the state

 3-8     highway system.

 3-9           Sec. 224.154.  CONGESTION MITIGATION.  (a)  Notwithstanding

3-10     any law of this state relating to charging tolls on existing free

3-11     public highways, the commission may by order authorize the

3-12     department or a corporation to charge a toll for the use of one or

3-13     more lanes of a state highway facility, including a high occupancy

3-14     vehicle lane, for the purposes of congestion mitigation.

3-15           (b)  The commission may by order set the amount of toll

3-16     charges.  Any toll charges shall be imposed in a reasonable and

3-17     nondiscriminatory manner.

3-18           (c)  For purposes of congestion mitigation projects and

3-19     facilities under this subchapter, the department and a corporation

3-20     are successor agencies to the Texas Turnpike Authority for purposes

3-21     of Section 52-b, Article III, Texas Constitution.

3-22           (d)  Revenue generated from toll charges and administrative

3-23     fees assessed by the department in connection with a congestion

3-24     mitigation facility shall be deposited in the state highway fund

3-25     and may only be used for projects for the improvement of the state

 4-1     highway system.

 4-2           (e)  The powers granted by this section are subject to the

 4-3     restrictions of 23 U.S.C. Section 129.

 4-4           Sec. 224.155.  FAILURE OR REFUSAL TO PAY TOLL CHARGES.  Any

 4-5     motor vehicle that is not a police or emergency vehicle, driven or

 4-6     towed through a toll collection facility, shall pay the proper

 4-7     toll.

 4-8           Sec. 224.156.  ADMINISTRATIVE FEE; NOTICE.  (a)  In the event

 4-9     of nonpayment of the proper toll, on issuance of proper notice of

4-10     nonpayment, the registered owner of the nonpaying vehicle is

4-11     legally bound to pay both the proper toll and an administrative

4-12     fee.

4-13           (b)  The commission by rule and a corporation by order of its

4-14     board of directors may respectively fix an administrative fee, not

4-15     to exceed $100, so as to recover the cost of collecting an unpaid

4-16     toll.  The notice of nonpayment to the registered owner shall be

4-17     sent by the department by first class mail not later than 30 days

4-18     after the date of the alleged failure to pay and may require

4-19     payment not sooner than 30 days from the date the notice was

4-20     mailed.  The registered owner shall pay a separate toll and

4-21     administrative fee for each event of nonpayment.

4-22           (c)  If the registered owner of the vehicle fails to pay the

4-23     proper toll and administrative fee within the time specified by the

4-24     notice of nonpayment issued under this section, the registered

4-25     owner shall be cited as for other traffic violations for the

 5-1     nonpayment, and the owner is legally bound to pay a fine, not to

 5-2     exceed $250, for each event of nonpayment.  Neither the legal

 5-3     obligation to pay nor the actual payment of the fine shall affect

 5-4     the legal duty of the owner for any other fine or penalty

 5-5     prescribed by law.

 5-6           Sec. 224.157.  PROSECUTIONS.  (a)  In the prosecution of a

 5-7     violation under Section 224.155 and 224.156, proof that the vehicle

 5-8     passed through a toll collection facility without payment of the

 5-9     proper toll, together with proof that the defendant was the

5-10     registered owner of the vehicle when the failure to pay occurred,

5-11     establishes the nonpayment of the registered owner.

5-12           (b)  The court of the local jurisdiction in which the

5-13     violation occurred may assess and collect the fine, in addition to

5-14     any court costs.  The court shall also collect the proper toll and

5-15     administrative fee and forward the toll and fee to the department

5-16     or to the corporation.

5-17           (c)  It is a defense to nonpayment under Section 224.155 or

5-18     224.156 that the motor vehicle in question was stolen before the

5-19     failure to pay the proper toll occurred and was not recovered by

5-20     the time of the failure to pay, but only if the theft was reported

5-21     to the appropriate law enforcement authority before the earlier of:

5-22                 (1)  the occurrence of the failure to pay; or

5-23                 (2)  eight hours after discovery of the theft.

5-24           (d)  A registered owner who is a lessor of a vehicle

5-25     concerning which a notice of nonpayment was issued under Section

 6-1     224.156 is not liable in connection with that notice of nonpayment

 6-2     if, not later than 30 days after the date the notice of nonpayment

 6-3     is mailed, the registered owner provides to the department or the

 6-4     corporation a copy of the rental, lease, or other contract document

 6-5     covering the vehicle on the date of the nonpayment, with the name

 6-6     and address of the lessee clearly legible.  Failure to provide this

 6-7     information within the period prescribed renders the lessor liable

 6-8     as the registered owner. If the lessor provides the required

 6-9     information within the period prescribed, the lessee of the vehicle

6-10     on the date of the violation is considered to be the owner of the

6-11     vehicle for purposes of this subchapter and is subject to

6-12     prosection for failure to pay the proper toll as if the lessee were

6-13     the registered owner, if the department or the corporation sends a

6-14     notice of nonpayment to the lessee by first class mail within 30

6-15     days after the date of receipt of the required information from the

6-16     lessor.

6-17           Sec. 224.158.  USE AND RETURN OF TRANSPONDERS.  (a)  For

6-18     purposes of this section, a "transponder" means a device, placed on

6-19     or within a motor vehicle, that is capable of transmitting

6-20     information used to assess or collect tolls.  A transponder is

6-21     "insufficiently funded" when there are no remaining funds in the

6-22     account in connection with which the transponder was issued.

6-23           (b)  Any law enforcement officer of the Department of Public

6-24     Safety of the State of Texas has the authority to seize a stolen or

6-25     insufficiently funded transponder and to return it to the

 7-1     department or the corporation, except that an insufficiently funded

 7-2     transponder may not be seized sooner than 30 days after the date

 7-3     the department or the corporation has sent a notice of delinquency

 7-4     to the holder of the account.

 7-5           Sec. 224.159.  ADOPTION OF RULES; PRESCRIBE FORMS.  The

 7-6     commission shall adopt rules and prescribe forms to administer this

 7-7     subchapter.

 7-8           SECTION 2.  Section 431.073, Transportation Code, is amended

 7-9     to read as follows:

7-10           Sec. 431.073.  PROJECTS IN COUNTY OF 1.5 MILLION OR MORE OR

7-11     ADJACENT COUNTY.  (a)  This section applies only to a corporation

7-12     [in existence on August 31, 1991,] that was created by the state or

7-13     one or more counties or municipalities to implement a

7-14     transportation project in:

7-15                 (1)  a county with a population of 1.5 million or more;

7-16     or

7-17                 (2)  a county adjacent to a county described by

7-18     Subdivision (1).

7-19           (b)  If approved and authorized by the commission, a

7-20     corporation created by the state shall have and exercise the

7-21     rights, powers, privileges, authority, and functions given the

7-22     department under this title to:

7-23                 (1)  construct, improve, operate, and maintain high

7-24     occupancy vehicle lanes; and

7-25                 (2)  charge a toll for the use of one or more high

 8-1     occupancy vehicle lanes for the purpose of congestion mitigation.

 8-2           (c)  A corporation in existence on August 31, 1991, has the

 8-3     powers, rights, and privileges of a corporation created under

 8-4     Chapter 11, Title 32, Revised Statutes, as that law existed on

 8-5     August 31, 1991, except that the required right-of-way of any

 8-6     highway, road, street, or turnpike may be of the width required or

 8-7     approved by the commission or each governing body creating the

 8-8     corporation.

 8-9           SECTION 3.  The importance of this legislation and the

8-10     crowded condition of the calendars in both houses create an

8-11     emergency and an imperative public necessity that the

8-12     constitutional rule requiring bills to be read on three several

8-13     days in each house be suspended, and this rule is hereby suspended,

8-14     and that this Act take effect and be in force from and after its

8-15     passage, and it is so enacted.