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By:  Lindsay                                                      S.B. No. 1463
	(In the Senate - Filed March 13, 2003; March 20, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; May 5, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
May 5, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1463                                   By:  Lindsay

A BILL TO BE ENTITLED
AN ACT
relating to the conversion of a nontoll 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 nontoll state highway or a segment of a nontoll state highway, including 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 of accomplishing necessary improvements to the highway; (2) any funds paid by the department for the construction, maintenance, and operation of the conveyed highway are repaid to the department; and (3) the county agrees to assume all liability and responsibility for the maintenance and operation of the conveyed highway on its conveyance. (b) A county that receives a nontoll state highway or a segment of a nontoll state 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 or segment of 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 or segment. (d) The commission may waive all or a portion of an amount 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 nontoll state highway or a segment of a nontoll state 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 shall be published in the Texas Register and in one or more newspapers of general circulation in any county in which the highway or segment 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, including criteria and guidelines for approval of a conveyance of a highway or segment. (h) In this section: (1) "Air quality project" means a project or program of a 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 a county or another governmental entity; (B) located inside or outside the county; and (C) that the county determines will improve mobility within the county. (i) This section applies only to a nontoll state highway or a segment of a nontoll state highway that is conveyed for purposes of creating an outer loop located primarily in a county having a population of more than three million. SECTION 2. 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.
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