79R433 JTS-D

By:  Van Arsdale                                                  H.B. No. 99 



A BILL TO BE ENTITLED

AN ACT

relating to the conversion of certain nontoll state highways to 
toll highways.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 284.009, Transportation Code, is amended 
by reenacting and amending Subsection (a), as added by Section 1, 
Chapter 953, Acts of the 78th Legislature, Regular Session, 2003, 
and Section 7.01, Chapter 1325, Acts of the 78th Legislature, 
Regular Session, 2003, and by adding Subsection (j) to read as 
follows:
	(a)  Except as provided by Subsection (j), the [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 (i) a county or a toll road 
authority in the county in which the state highway or segment is 
located, or (ii) a county or toll road authority in a county 
adjacent to the county in which the highway or segment is located if 
the county or toll road authority in the county in which the segment 
or highway is located approves the conveyance, 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 or toll road authority agrees to assume 
all liability and responsibility for the maintenance and operation 
of the conveyed highway on its conveyance.
	(j)  The commission may not convey to a county under this 
section any segment of State Highway 249 in Harris County.
	SECTION 2.  Section 362.0041(d), Transportation Code, is 
amended to read as follows:
	(d)  The commission may not convert to a toll facility:                 
		(1)  the Queen Isabella Causeway in Cameron County; or          
		(2)  any segment of State Highway 249 in Harris County 
[to a toll facility].
	SECTION 3.  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, 2005.