By: Hamric H.B. No. 3545
A BILL TO BE ENTITLED
AN ACT
relating to the conversion of a non-tolled state highway to a toll
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 284, Transportation Code,
is amended by adding Section 284.009 to read as follows:
Sec. 284.009. CONVEYANCE OF STATE HIGHWAY TO COUNTY. (a)
The commission may convey a non-tolled state highway or a segment of
a non-tolled state highway, including any real property acquired to
construct or operate the highway, to a county for operation and
maintenance as a project under this chapter if:
(1) the commission determines that the proposed
conveyance will improve overall mobility in the region or is the
most feasible and economic means to accomplish necessary
improvements to the highway;
(2) any moneys paid by the department for the
construction, maintenance, and operation of the transferred
highway are repaid to the department; and
(3) the county agrees to assume all liability and
responsibility for the maintenance and operation of the highway on
its conveyance.
(b) A county that receives a highway under Subsection (a)
may own, operate, and maintain the highway as a pooled project under
Section 284.065.
(c) The commission shall, at the time of a conveyance,
remove the highway from the state highway system. After a
conveyance, the department has no liability, responsibility, or
duty for the maintenance or operation of the highway.
(d) The commission may waive all or a portion of money due
under Subsection (a)(2) if it finds that the conveyance will result
in substantial net benefits to the state, the department, and the
traveling public that equal or exceed the amount of payment waived.
(e) Before conveying a highway under this section, the
commission shall conduct a public hearing to receive comments from
interested persons concerning the proposed conveyance. Notice of
the hearing must be published in the Texas Register and one or more
newspapers of general circulation in the counties in which the
highway is located.
(f) A county may use toll revenue collected under this
section to fund a transportation project or an air quality project.
(g) The commission shall adopt rules implementing this
section. The rules shall include criteria and guidelines for
approval of a conveyance of a highway.
(h) For purposes of this section:
(1) "Air quality project" means any project or
program of the county or another governmental entity that the
county determines will mitigate or prevent air pollution caused by
the construction, maintenance, or use of public roads within the
county.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of the county or
another governmental entity;
(B) located inside or outside the county; and
(C) that the county determines will improve
mobility within the county.
SECTION 2. Section 362.0041, Transportation Code, is
amended to read as follows:
Sec. 362.0041. CONVERSION OF PROJECTS. (a) Except as
provided in Subsection (d), [if] the commission may by order
convert [finds that the conversion of] a segment of the free state
highway system to a toll facility if it determines that the
conversion will improve overall mobility in the region or is the
most feasible and economic means to accomplish necessary
[expansion] improvements[, or extensions] to that segment or to
another segment of the state highway system [, that segment may be
converted by order of the commission to a turnpike project under
Chapter 361].
(b) Prior to converting a segment of the state highway
system under this section, the commission shall conduct a public
hearing for the purpose of receiving comments from interested
persons concerning the proposed transfer. Notice of the hearing
shall be published in the Texas Register, one or more newspapers of
general circulation, and a newspaper, if any, published in the
county or counties in which the involved highway is located.
(c) The commission shall adopt rules implementing this
section, including [such rules to include] criteria and guidelines
for the approval of a conversion of a highway.
(d) The commission may not convert the Queen Isabella
Causeway in Cameron County to a toll facility [turnpike project].
(e) Subchapter G, Chapter 361 applies to a highway converted
to a toll facility under this section.
(f) Toll revenue collected under this section shall be
deposited in the state highway fund and may be used by the
department for any function performed by the department or to fund
any air quality project.
(g) For purposes of this section, the term "air quality
project" means any project or program of the department or another
governmental entity that the commission determines will mitigate or
prevent air pollution caused by the construction, maintenance, or
use of public roads.
SECTION 3. Sections 366.035, Transportation Code, is
amended to read as follows:
Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
(a) The commission may convey a non-tolled state highway or a
segment of a non-tolled state highway, including any real property
acquired to constate or operate the highway, to an authority for
operation and maintenance as a turnpike project under this chapter
if:
(1) the commission determines that the proposed
conveyance will improve overall mobility in the in the region or is
the most feasible and economic means to accomplish necessary
improvements to the highway;
(2) any moneys paid by the department for the
construction, maintenance, and operation of the transferred
highway are repaid to the department; and
(3) the authority agrees to assume all liability and
responsibility for the maintenance and operation of the segment of
highway on its conveyance. [Except as provided under Subsection
(g), if the commission determines that the most feasible and
economic means to accomplish necessary expansion, improvements, or
extensions to the state highway system is the conversion to a
turnpike project of a segment of the free state highway system, any
segment located in a county of an authority or a county in which an
authority operates a turnpike project or in any county adjacent to
those counties may, on approval of the governor and the affected
authority, be transferred by order of the commission to that
authority.]
(b) An authority that receives the [segment of] highway may
own, operate, and maintain the highway [segment] as a turnpike
project or system or a part of a turnpike or system under this
chapter.
(c) The commission may waive all or a portion of money due
under Subsection (a)(2) if it finds that the conveyance will result
in substantial net benefits to the state, the department, and the
traveling public that equal or exceed the amount of payment waived.
[(b) An authority shall reimburse the commission for the cost of a
transferred highway, unless the commission determines that the
transfer will result in substantial net benefits to the state, the
department, and the traveling public that exceed that cost. The
cost includes the total amount expended by the department for the
original construction of the highway, including all costs
associated with the preliminary engineering and design engineering
for plans, specifications, and estimates, the acquisition of
necessary rights-of-way, and actual construction of the highway and
all necessary appurtenant facilities. Costs anticipated to be
expended to expand, improve, or extend the highway shall be
deducted from the costs to be reimbursed to the commission.]
(d) [(c)] The commission shall, at the time of a conveyance
[transfer], remove the [segment of] highway from the state highway
system. After a conveyance [transfer] the commission has no
liability, responsibility, or duty for the maintenance or operation
of the highway.
(e) [(d)] Before conveying [transferring] a [segment of the
state] highway [system] under this section, the commission shall
conduct a public hearing to receive comments from interested
persons concerning the proposed conveyance [transfer]. Notice of
the hearing must be published in the Texas Register, one or more
newspapers of general circulation in the counties in which the
highway [segment] is located, and a newspaper, if any published in
the counties of the applicable authority.
(f) An authority may use toll revenue collected under this
section to fund a transportation project or an air quality project.
(g) [(e)] The commission shall adopt rules implementing
this section. The rules shall include criteria and guidelines for
the approval of a conveyance [transfer] of a highway.
(h) [(f)] An authority shall adopt rules providing criteria
and guidelines for approving the acceptance of a highway under this
section.
(i) [(g)] The commission may not transfer the Queen
Isabella Causeway in Cameron County to an authority under this
section.
(j) For purposes of this section:
(1) "Air quality project" means any project or program
of the authority or another governmental entity that the authority
determines will mitigate or prevent air pollution caused by the
construction, maintenance, or use of public roads within the
counties of the authority.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of the authority or
another governmental entity;
(B) located inside or outside the counties of the
authority; and
(C) that the authority determines will improve
mobility within the counties of the authority.
SECTION 4. 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.