C.S.H.B. 1732 78(R)    BILL ANALYSIS


C.S.H.B. 1732
By: Hamric
Transportation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, specifically Section 431.087, Government Code, only
state military vehicles are exempt from tolls or fares on toll projects.
Exempt passage for federal military vehicles is prohibited.  In addition,
toll authorities are struggling to define how military personnel should be
identified by unmanned toll collection facilities.  Moreover, individual
factors such as the identification style of a particular branch of the
military pose further complications.  Allowing exempt passage for military
convoys is a relatively simple endeavor; however, allowing exempt passage
for individual military vehicles and military individuals is more
problematic. 

 Committee Substitute to House Bill 1732 requires the governing body of a
toll project to adopt rules exempting military vehicles from paying tolls
or fares. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to an operator of a toll project in SECTION 1 (Chapter 362,
Subchapter Z, Section 362.901, Transportation Code) of this bill. 

ANALYSIS

Section 1.  Amends Chapter 362, Transportation Code, by adding Subchapter
Z as follows: 
  SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
  Sec. 362.901.  FREE USE OF TOLL PROJECT BY MILITARY VEHICLES
  Section 362.901(a):requires the operator of a toll project to adopt
rules exempting military vehicles from paying tolls or fares. 
  Section 362.901(b):requires a rule adopted under Subsection 362.901(a)
to include: 
     (1)allowance of a convoy of military vehicles of this state, another
state, or the federal government to use a toll project without paying
tolls or fares; and 
     (2)allowance of individual military vehicles to use a toll project
without paying tolls or fares. 
  Section 362.901(c):creates a Class C misdemeanor where a person claims a
privilege under a rule adopted under Subsection 362.901(a) and the person
is not so entitled. 
  Section 362.901(d):defines "toll project"

 Section 2.  Repeals Section 431.087, Government Code.

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1732 strikes the words "and personnel" on page 1, line 17, in HB
1731, as introduced, and thus,  clarifies that military personnel in
personal cars would not be granted free passage on toll roads.  Not making
this change threatens bond covenants on toll projects.