C.S.H.B. 1208 78(R)    BILL ANALYSIS


C.S.H.B. 1208
By: Lewis
Transportation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Funding constraints at all levels of government are making it more
difficult to effectively address mobility concerns utilizing traditional
means, such as construction of new roadways or adding capacity to existing
facilities.  This lack of adequate funding makes it necessary for the
Texas Department of Transportation (TxDOT) to seek new and innovative
solutions to satisfy transportation demand.   

Mobility problems are most apparent in areas having high volumes of truck
traffic, since trucks maneuver less effectively in heavy traffic and take
longer to regain speed in slow traffic.  Prohibiting trucks from the use
of certain lanes and permitting only trucks to use other lanes could
minimize truck-related slow downs.  

High occupancy vehicle and toll lanes are another method by which TxDOT
can maximize limited funding and maximize the use of its facilities.
Subchapter F, Chapter 224, Transportation Code authorizes TxDOT to develop
high occupancy vehicle lanes and toll lanes.  High occupancy vehicle and
toll lanes are effective in moving people by offering incentives such as
substantial savings in travel time.  High occupancy vehicle lanes may also
improve overall roadway efficiency by moving people in fewer motor
vehicles.  

Allowing other entities to design, construct, operate, and maintain high
occupancy vehicle and toll lanes on the state highway system will help
leverage limited state funding and will facilitate the completion of these
improvements in a timelier manner and at a reduced cost to TxDOT.  TxDOT
also lacks the resources to operate these facilities. 

Municipalities, with the approval of TxDOT, are currently allowed to
restrict by class of vehicle, through traffic to designated lanes of a
state highway.  These restricted lanes are intended to respond to
increased truck volume on state roadways and to facilitate the interaction
of large trucks with other classes of vehicles on these roadways.  Unlike
exclusive lanes, however, use of these restricted lanes is not limited to
a specific class of vehicle. 

The purpose of CSHB 1208 is to enhance the ability of TxDOT and the Texas
Transportation Commission (commission) to finance, construct, maintain,
and operate high occupancy vehicle lanes and toll lanes on the state
highway system, and to maximize the efficient move of vehicles on state
highways through the use of high occupancy vehicle and toll lanes and
exclusive lanes.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Transportation Commission in SECTION 1 (Section
224.151(8), Transportation Code) of this bill. 

ANALYSIS

SECTION 1.  Defines "congestion mitigation," "high occupancy vehicle
lane," "exclusive lane," "low-emissions vehicle," and "restricted lane." 

SECTION 2.  Updates a citation to federal law authorizing congestion
mitigation facilities; includes safety as a purpose of developing
congestion mitigation facilities; and clarifies that TxDOT may spend funds
for congestion mitigation projects and facilities. 
 
SECTION 3.  Authorizes TxDOT to finance, designate, design, construct,
operate, or maintain high occupancy vehicle lanes without specific
commission action; authorizes TxDOT to enter into an agreement with
certain entities for the design, construction, operation, or maintenance
of a high occupancy vehicle lane; and allows TxDOT to authorize
motorcycles and low-emissions vehicles to use a high occupancy vehicle
lane, regardless of the number of persons on the motorcycle or occupants
in the vehicle. 

SECTION 4.  Authorizes TxDOT to enter into agreements with certain
entities for the design, construction, operation, or maintenance of a toll
lane, and to charge a toll for the use of such lanes; allows the
commission to by order delegate to TxDOT or an entity contracted to
operate a toll lane the ability to set the amount of toll charges; and
makes conforming changes. 

SECTION 5.  Authorizes the commission to by order designate one or more
lanes of a state highway facility as exclusive lanes; authorizes TxDOT to
finance, design, construct, operate, or maintain one or more lanes of a
state highway facility as exclusive lanes; and sets out conditions in
which the commission may designate a lane as an exclusive lane. 

SECTION 6.  Provides that a restriction imposed on a restricted lane does
not apply to a police or emergency vehicle; authorizes TxDOT and other
entities contracted to operate a toll lane to erect and maintain necessary
traffic control devices; sets out an offense for failure to comply with
traffic control devices. 

SECTION 7.  Authorizes TxDOT's contracted entities to impose and collect a
collection fee to recover the costs of collecting unpaid tolls; provides
for written notice of non-payment to registered owners of non-paying
vehicles; sets out an offense for non-payment; provide, as an exception to
the liability of the registered owner of the nonpaying vehicle for the
payment of unpaid tolls and collection fees, that the registered owner may
provide to the entity operating the toll lane a copy of a lease agreement
for the vehicle or certain documents evidencing a transfer of ownership of
the vehicle, and that the entity operating a toll lane may send a notice
of nonpayment to the lessee or transferee; authorizes an entity operating
a toll lane to contract for the collection of an unpaid toll and
collection fee; and provides that the court in which a person is convicted
of an offense under this section shall also collect the proper toll and
collection fee and forward the toll and fee to the entity operating the
toll collection facility. 

SECTION 8.  Allows an entity operating a toll lane to offer the motor
vehicle operator the option of using a transponder to pay tolls.   

SECTION 9.  Defines "commission" and "highway," and allows the commission
to restrict, by class of vehicle, through traffic to two or more
designated lanes of a highway; requires TxDOT to erect and maintain
traffic control devices to enforce a restriction of the roadway. 

SECTION 10.  Effective date.  

EFFECTIVE DATE

Upon passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by revising the definition of
"high occupancy vehicle lane" to remove mention of trucks and emergency
vehicles (emergency vehicles are dealt with later on in the bill). 

The substitute additionally differs from the original by revising the
conditions under which the Texas Transportation Commission can designate
exclusive lanes. 

The substitute additionally differs from the original by deleting the
requirement that a notice of nonpayment of a toll be sent to the
registered owner no later than the 30th day after the alleged  failure to
pay. 

The substitute additionally differs from the original by adding a new
Section 224.156(i) to authorize an entity operating a toll lane to
contract with a person to collect the unpaid toll and administrative fee
before filing a complaint charging the commission of an offense under that
section.   

The substitute additionally differs from the original by changing Section
545.0651(b) (Section 9 of the bill) by requiring the Texas Transportation
Commission to consult with a city prior to adopting designated lane
restrictions within that city.