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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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