78R7995 JTS-F
By: Lewis H.B. No. 1208
Substitute the following for H.B. No. 1208:
By: Phillips C.S.H.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
relating to the mitigation of traffic congestion on highways;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 224.151, Transportation Code, is amended
by amending Subdivisions (2) and (4) and adding Subdivisions (7),
(8), and (9) to read as follows:
(2) "Congestion mitigation" means projects and
facilities used to reduce congestion by promoting [to promote] the
use of carpools and vanpools, improve air quality, conserve fuel,
and enhance the use of existing highways and facilities on the state
highway system.
(4) "High occupancy vehicle lane" means one or more
lanes of a highway or an entire highway where high occupancy
vehicles[, trucks, or emergency vehicles in any combination] are
given at all times, or at regularly scheduled times, a priority or
preference over some or all other vehicles moving in the general
stream of all highway traffic.
(7) "Exclusive lane" means a lane of a highway or
segment of a highway the use of which is restricted to one or more
designated classifications of motor vehicle.
(8) "Low-emissions vehicle" means a vehicle that meets
emissions standards established by commission rule.
(9) "Restricted lane" includes:
(A) a high occupancy vehicle lane;
(B) a toll lane under Section 224.154; and
(C) an exclusive lane.
SECTION 2. Section 224.152, Transportation Code, is amended
to read as follows:
Sec. 224.152. PURPOSE. (a) Subject to the availability of
state and federal funds, it is the intent of the legislature to
further the purposes of the United States Congress as expressed in
23 U.S.C. Sections 134, 135, 146, and 149 and in Section 1012(b) of
Pub. L. No. 102-240, as amended, to improve safety, conserve fuel,
decrease traffic congestion during rush hours, improve air quality,
develop innovative techniques to finance transportation projects,
and enhance the use of existing highways and facilities.
(b) The legislature declares that it is necessary, to
further the purposes described by Subsection (a), to provide for
the participation of the [commission and the] department, including
the expenditure of available funds by the department, in projects
and facilities for the purpose of congestion mitigation.
SECTION 3. Section 224.153, Transportation Code, is amended
to read as follows:
Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED. (a)
The department [commission] may finance, designate, [and the
department or a transportation corporation may] design, construct,
operate, or maintain one or more lanes on a multi-lane highway
facility as dedicated high occupancy vehicle lanes on the state
highway system.
(b) The department may enter into an agreement with a
transit authority under Chapter 451, 452, or 453, a regional
mobility authority under Chapter 361, a municipality, or a
transportation corporation for the design, construction,
operation, or maintenance of a high occupancy vehicle lane. [The
commission may spend or allocate any available funds to:
[(1) designate highway lanes as preferential carpool
or high occupancy vehicle lanes and create facilities to relieve
traffic congestion; or
[(2) make any other designation of a dedicated high
occupancy vehicle lane on the state highway system.]
(c) The department may authorize a motorcycle or a
low-emissions vehicle to use a [A motor vehicle displaying the
"low-emissions vehicle" insignia authorized by Section 502.186 in
an easily readable location on the back of the vehicle is entitled
to travel in a preferential car pool or] high occupancy vehicle lane
designated under this section regardless of the number of persons
on the motorcycle or occupants in the vehicle. [This subsection
expires August 31, 2008.]
SECTION 4. Section 224.154, Transportation Code, is amended
to read as follows:
Sec. 224.154. TOLL LANES [CONGESTION MITIGATION]. (a)
Notwithstanding any law of this state relating to charging tolls on
existing free public highways, the commission may by order
authorize the department [or a transportation corporation] to
charge a toll for the use of one or more lanes of a state highway
facility, including a high occupancy vehicle lane, for the purposes
of congestion mitigation.
(b) If the commission authorizes the department to charge a
toll under Subsection (a), the department [The commission] may
enter into an agreement with a regional tollway authority described
in Chapter 366, [or] a transit authority described in Chapter 451,
452, or 453, a regional mobility authority under Chapter 361, a
county acting under Chapter 284, or a transportation corporation:
(1) to design, construct, operate, or maintain a toll
lane under this section; and
(2) to charge a toll for the use of one or more lanes of
a state highway facility under this section [subsection].
(c) [(b)] The commission may by order authorize the
department or the entity contracted to operate the toll lane to set
the amount of toll charges. Any toll charges shall be imposed in a
reasonable and nondiscriminatory manner.
[(c) For purposes of congestion mitigation projects and
facilities under this subchapter, the department, a transportation
corporation, and a regional tollway authority or a transit
authority with whom the commission has an agreement under this
section are successor agencies to the Texas Turnpike Authority for
purposes of Section 52-b, Article III, Texas Constitution.]
(d) Revenue generated from toll charges and collection
[administrative] fees assessed by the department in connection with
a toll lane [congestion mitigation facility] shall be deposited in
the state highway fund and may be used only for projects for the
improvement of the state highway system. Revenue generated from
toll charges and collection [administrative] fees assessed by an
entity with whom the department [commission] contracts under this
section shall be allocated as required by the terms of the
agreement.
(e) The powers granted by this section are subject to the
restrictions of 23 U.S.C. Section 129.
SECTION 5. Subchapter F, Chapter 224, Transportation Code,
is amended by adding Section 224.1541 to read as follows:
Sec. 224.1541. EXCLUSIVE LANES. (a) The commission by
order may designate and the department may finance, design,
construct, operate, or maintain one or more lanes of a state highway
facility as exclusive lanes.
(b) The commission may designate a lane as an exclusive lane
under Subsection (a) only if the commission determines that:
(1) there:
(A) are two or more lanes adjacent to the
proposed exclusive lane for the use of vehicles other than vehicles
for which the lane is restricted; or
(B) is a multilane facility adjacent to the
proposed exclusive lane for the use of vehicles other than vehicles
for which the lane is restricted; and
(2) the use or operation of the exclusive lane is
likely to enhance safety, mobility, or air quality.
(c) The adjacent lanes or adjacent multilane facility under
Subsection (b) may be designated as exclusive lanes or an exclusive
lane facility for the use of vehicles that are prohibited from using
the exclusive lane.
SECTION 6. Subchapter F, Chapter 224, Transportation Code,
is amended by adding Sections 224.1542 and 224.1543 to read as
follows:
Sec. 224.1542. POLICE AND EMERGENCY VEHICLES. A
restriction imposed on a restricted lane under this subchapter does
not apply to a police vehicle or an authorized emergency vehicle as
defined by Section 541.201.
Sec. 224.1543. TRAFFIC CONTROL DEVICES. (a) The
department shall erect and maintain official traffic control
devices necessary to implement and ensure compliance with lane
restrictions designated under this subchapter. The department, in
a contract to operate a toll lane under this subchapter, may
authorize the contracted entity to erect and maintain necessary
official traffic control devices.
(b) Section 544.004 applies to a traffic control device
erected under this section.
SECTION 7. Section 224.156, Transportation Code, is amended
to read as follows:
Sec. 224.156. COLLECTION [ADMINISTRATIVE] FEE; NOTICE;
OFFENSE. (a) In the event of nonpayment of the proper toll as
required by Section 224.155, on issuance of a written notice of
nonpayment, the registered owner of the nonpaying vehicle is liable
for the payment of both the proper toll and a collection [an
administrative] fee.
(b) The commission by rule or an entity contracted to
operate a toll lane [and a transportation corporation] by order of
its governing body [board of directors] may respectively impose and
collect a collection [an administrative] fee, not to exceed $100,
to recover the cost of collecting an unpaid toll. The entity
operating the toll lane [department] shall send a written notice of
nonpayment to the registered owner of the vehicle at that owner's
address as shown in the vehicle registration records of the
department by first-class mail [not later than the 30th day after
the date of the alleged failure to pay] and may require payment not
sooner than the 30th day after the date the notice was mailed. The
registered owner shall pay a separate toll and collection
[administrative] fee for each event of nonpayment under Section
224.155.
(c) The registered owner of a vehicle for which the proper
toll was not paid who is mailed a written notice of nonpayment under
Subsection (b) and fails to pay the proper toll and collection
[administrative] fee within the time specified by the notice of
nonpayment commits an offense. Each failure to pay a toll or
collection [administrative] fee under this subsection is a separate
offense.
(d) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle is a lessor of the
vehicle and, not later than the 30th day after the date the notice
of nonpayment is mailed, provides to the entity operating the toll
lane [department or the transportation corporation] a copy of the
rental, lease, or other contract document covering the vehicle on
the date of the nonpayment under Section 224.155, with the name and
address of the lessee clearly legible. If the lessor provides the
required information within the period prescribed, the entity
operating the toll lane [department or the transportation
corporation] may send a notice of nonpayment to the lessee at the
address shown on the contract document by first-class mail before
the 30th day after the date of receipt of the required information
from the lessor. The lessee of the vehicle for which the proper
toll was not paid who is mailed a written notice of nonpayment under
this subsection and fails to pay the proper toll and collection
[administrative] fee within the time specified by the notice of
nonpayment commits an offense. The lessee shall pay a separate toll
and collection [administrative] fee for each event of nonpayment
under Section 224.155. Each failure to pay a toll or collection
[administrative] fee under this subsection is a separate offense.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 224.155 occurred, submitted written notice of the
transfer to the department in accordance with Section 520.023, and,
before the 30th day after the date the notice of nonpayment is
mailed, provides to the entity operating the toll lane [department
or the transportation corporation] the name and address of the
person to whom the vehicle was transferred. If the former owner of
the vehicle provides the required information within the period
prescribed, the entity operating the toll lane [department or the
transportation corporation] may send a notice of nonpayment to the
person to whom ownership of the vehicle was transferred at the
address provided the former owner by first-class mail before the
30th day after the date of receipt of the required information from
the former owner. The subsequent owner of the vehicle for which the
proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll
and collection [administrative] fee within the time specified by
the notice of nonpayment commits an offense. The subsequent owner
of the vehicle shall pay a separate toll and collection
[administrative] fee for each event of nonpayment under Section
224.155. Each failure to pay a toll or collection [administrative]
fee under this subsection is a separate offense.
(f) An offense under this section is a misdemeanor
punishable by a fine not to exceed $250.
(g) The court in which a person is convicted of an offense
under this section shall also collect the proper toll and
collection [administrative] fee and forward the toll and fee to the
entity operating the toll collection facility [department or to the
transportation corporation].
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the
department or the analogous department or agency of another state
or country.
(i) An entity operating a toll lane under this subchapter
may contract with a person to collect the proper toll and a required
collection fee before filing a complaint charging the commission of
an offense under Subsection (c), (d), or (e).
SECTION 8. Section 224.158(c), Transportation Code, is
amended to read as follows:
(c) An entity operating a toll lane under this subchapter
[The following entities] shall consider offering motor vehicle
operators the option of using a transponder to pay tolls without
stopping, to mitigate congestion at toll collection locations, to
enhance traffic flow, and to otherwise increase efficiency of
operations[:
[(1) the department;
[(2) a regional tollway authority governed by Chapter
366;
[(3) a transportation corporation;
[(4) an entity to which a project authorized by this
subchapter is transferred by an entity described by Subdivision
(1), (2), or (3); or
[(5) a third-party service provider under contract
with an entity described by Subdivision (1), (2), (3), or (4)].
SECTION 9. Section 545.0651, Transportation Code, is
amended to read as follows:
Sec. 545.0651. [MUNICIPAL] RESTRICTION ON USE OF HIGHWAY.
(a) In this section:
(1) "Commission" means the Texas Transportation
Commission.
(1-a) [(1)] "Department" means the Texas Department
of Transportation.
(2) "Highway" means a public highway [roadway] that:
(A) is in the designated state highway system;
(B) is designated a controlled access facility;
and
(C) has a minimum of three travel lanes,
excluding access or frontage roads, in each direction of traffic
that may be part of a single roadway or may be separate roadways
that are constructed as an upper and lower deck.
(b) The commission by order may restrict, by class of
vehicle, through traffic to two or more designated lanes of a
highway. If the lanes to be restricted by the commission are
located within a municipality, the commission shall consult with
the municipality before adopting an order under this section. A
municipality by ordinance may restrict, by class of vehicle,
through traffic to two or more designated lanes of a highway in the
municipality.
(c) An order or ordinance under Subsection (b) must[:
[(1) be in effect only during peak traffic hours of a
workday; and
[(2)] allow a restricted vehicle to use any lane of the
highway to pass another vehicle and to enter and exit the highway.
(d) Before adopting an ordinance [under this section], a
[the] municipality shall submit to the department a description of
the proposed restriction. The municipality may not enforce the
restrictions unless[:
[(1)] the department's executive director or the
executive director's designee has approved the restrictions[; and
[(2) the appropriate traffic control devices are in
place].
(e) Department approval under Subsection (d) must:
(1) be based on a traffic study performed by the
department to evaluate the effect of the proposed restriction; and
(2) to the greatest extent practicable, ensure a
systems approach to preclude the designation of inconsistent lane
restrictions among adjacent municipalities.
(f) The department's executive director or the executive
director's designee may suspend or rescind approval of any
restrictions approved under Subsection (d) [this section] for one
or more of the following reasons:
(1) a change in pavement conditions;
(2) a change in traffic conditions;
(3) a geometric change in roadway configuration;
(4) construction or maintenance activity; or
(5) emergency or incident management.
(g) The department shall erect and maintain official
traffic control devices necessary to implement and enforce an order
adopted or an ordinance adopted and approved under this section. A
restriction approved under this section may not be enforced until
the appropriate traffic control devices are in place.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.