By Elkins                                             H.B. No. 2171
         77R5118 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to high-occupancy vehicle lanes.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 224.153, Transportation Code, is amended
 1-5     by adding Subsections (c)-(e) to read as follows:
 1-6           (c)  A high-occupancy vehicle lane under this section must be
 1-7     designed, constructed, operated, and maintained so as to allow
 1-8     vehicles to move freely between the high-occupancy vehicle lane and
 1-9     adjacent lanes of the highway.  This subsection does not prohibit
1-10     the erection of a barrier between lanes for traffic moving in
1-11     opposite directions.
1-12           (d)  Subsection (c) applies only to a high-occupancy vehicle
1-13     lane that is initially constructed by the department or designated
1-14     by the commission after September 1, 2001.
1-15           (e)  Subsection (c) does not require the removal of a barrier
1-16     between an existing high-occupancy vehicle lane constructed before
1-17     September 1, 2001, and an adjacent lane except that such a barrier
1-18     shall be removed in connection with a major construction project of
1-19     the highway facility or the high-occupancy vehicle lane.
1-20           SECTION 2. (a)  The department shall adopt the rules
1-21     necessary to implement Section 224.153, Transportation Code, as
1-22     amended by this Act, not later than December 31, 2001.
1-23           (b)  This Act takes effect immediately if it receives a vote
1-24     of two-thirds of all the members elected to each house, as provided
 2-1     by Section 39, Article III, Texas Constitution.  If this Act does
 2-2     not receive the vote necessary for immediate effect, this Act takes
 2-3     effect September 1, 2001.