78R12430 JD-F


By:  Eissler                                                      H.B. No. 1340

Substitute the following for H.B. No. 1340:                                   

By:  Hamric                                                   C.S.H.B. No. 1340



A BILL TO BE ENTITLED

AN ACT

relating to requiring certain governmental entities that operate 
toll highways or toll roads to permit the use of a transponder 
issued by another governmental entity to pay a toll.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 362, Transportation Code, is amended by 
adding Subchapter D to read as follows:

SUBCHAPTER D.  TRANSPONDER SYSTEMS ON TURNPIKE PROJECTS, TOLL

HIGHWAYS, AND TOLL ROADS
	Sec. 362.151.  DEFINITIONS.  In this subchapter:                        
		(1)  "Governmental entity" means a public entity, 
including a municipality, a county, a district, a regional mobility 
authority, a turnpike authority, a tollway authority, and the 
department, that is authorized to operate a toll highway or toll 
road in this state.
		(2)  "Transponder" has the meaning assigned by Section 
361.255.      
	Sec. 362.152.  PURPOSE.  The purpose of this subchapter is to 
provide interoperability with respect to transponder technology 
used in this state, ensuring the seamless operation of toll 
collection facilities and facilitating mobility on toll highways, 
toll roads, and turnpike projects without adversely affecting 
governmental entities that are currently operating toll road 
projects or urban areas of this state that are likely to have a 
substantial number of transponder customers.
	Sec. 362.153.  STATEWIDE INTEROPERABILITY STANDARDS 
ADVISORY COMMITTEE.  (a)  The commission shall establish a 
statewide interoperability standards advisory committee to develop 
a strategy and make recommendations to the commission and the 
legislature on the establishment of an interoperability plan and 
statewide interoperability standards.
	(b)  The commission shall appoint the members of the 
committee as follows:
		(1)  one member to represent an existing regional 
tollway authority; 
		(2)  one member to represent a county with an existing 
toll road project that is operated under Chapter 284;
		(3)  one member to represent a regional mobility 
authority; and      
		(4)  two members to represent the department.                          
	(c)  Not later than January 1, 2005, the advisory committee 
shall submit a written report to the commission, the department, 
the governor, the lieutenant governor, and the speaker of the house 
of representatives that details recommended interoperability goals 
and strategies and includes recommendations for establishing 
interoperability standards.  This subsection expires January 2, 
2005.
	(d)  The commission may adopt rules governing the committee.            
	Sec. 362.154.  INTEROPERABILITY STANDARDS.  (a)  The 
department by rule shall establish standards that are interoperable 
with the transponder technology used by a governmental entity that:
		(1)  is:                                                               
			(A)  a regional tollway authority operating under 
Chapter 366; or   
			(B)  a county having a population of 1.5 million 
or more; and       
		(2)  has issued at least 500,000 transponders that 
remain operational.
	(b)  The department shall consider the recommendations of 
the statewide interoperability standards advisory committee in  
developing the interoperability standards.
	(c)  Each governmental entity that issues or provides for the 
issuance of transponders for the payment of the proper toll at a 
toll collection facility of the governmental entity shall comply 
with the rules adopted by the department relating to 
interoperability standards when selecting a transponder 
technology.
	(d)  A governmental entity may develop a toll collection 
system that was under development before the effective date of the 
department's rules relating to interoperability standards without 
regard to any requirements of those rules.
	Sec. 362.155.  RULES.  The commission may adopt rules to 
implement and administer this subchapter.
	SECTION 2.  This Act takes effect September 1, 2003.