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79R3006 JTS-D
By: Rose H.B. No. 2226
A BILL TO BE ENTITLED
AN ACT
relating to the conversion or transfer of a segment of the free
state highway system for operation as a turnpike project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 284.009(a), Transportation Code, 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, is reenacted and amended
to read as follows:
(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 [(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:
(1) the proposed conveyance is approved by the
commissioners court of each county within which the highway is
located;
(2) the commission determines that the proposed
conveyance will improve overall mobility in the region by providing
added convenience or a benefit to the region [or is the most
feasible and economic means of accomplishing necessary
improvements to the highway];
(3) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(4) the county agrees to assume all liability and
responsibility for the maintenance and operation of the conveyed
highway on its conveyance.
SECTION 2. Section 284.009, Transportation Code, is amended
by adding Subsection (j) to read as follows:
(j) For purposes of this section, a highway or segment is
considered a nontoll state highway or a segment of a nontoll state
highway, as applicable, if the department has used public money,
including money from the state highway fund, money from the Texas
mobility fund, or money from an agreement with a local governmental
entity, to pay for:
(1) the actual acquisition, construction,
improvement, extension, or expansion of the highway or segment;
(2) acquisition of real property, rights-of-way,
property rights, easements, or interests; or
(3) placement of the highway or segment in operation
and expenses related to the initial operation of the highway or
segment.
SECTION 3. Sections 362.0041(a) and (g), Transportation
Code, are amended to read as follows:
(a) Except as provided in Subsection [Subsections] (d) [and
(g)], the commission may by order convert a segment of the free
state highway system to a toll facility if:
(1) it determines that the conversion will improve
overall mobility in the region by providing added convenience or a
benefit to the region; and
(2) the conversion is approved by the commissioners
court of each county in which the segment is located [or is the most
feasible and economic means to accomplish necessary expansion,
improvements, or extensions to that segment of the state highway
system].
(g) For the purposes of this section, a segment is a segment
of the free state highway system if the department has used public
money, including money from the state highway fund, money from the
Texas mobility fund, or money from an agreement with a local
governmental entity, to pay for:
(1) the actual acquisition, construction,
improvement, extension, or expansion of the segment;
(2) acquisition of real property, rights-of-way,
property rights, easements, or interests; or
(3) placement of the segment in operation and expenses
related to the initial operation of the segment. [The commission
may only convert a segment of the state highway system under this
section if the conversion is approved by the commissioners court of
each county within which the segment is located.]
SECTION 4. Section 366.035, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (h) to read as
follows:
(a) 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 will improve overall
mobility in the region by providing added convenience or a benefit
to the region, 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,
the commissioners court of each county in which the segment is
located, and the affected authority, be transferred by order of the
commission to that authority. An authority that receives the
segment of highway may own, operate, and maintain the segment as a
turnpike project or system or a part of a turnpike project or system
under this chapter.
(h) For the purposes of this section, a segment is a segment
of the free state highway system if the department has used public
money, including money from the state highway fund, money from the
Texas mobility fund, or money from an agreement with a local
governmental entity, to pay for:
(1) the actual acquisition, construction,
improvement, extension, or expansion of the segment;
(2) acquisition of real property, rights-of-way,
property rights, easements, or interests; or
(3) placement of the segment in operation and expenses
related to the initial operation of the segment.
SECTION 5. Section 370.035, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (i) to read as
follows:
(a) The commission by order may [convert a segment of the
free state highway system to a turnpike project and] transfer a
[that] segment of the free state highway system to an authority, or
may transfer an existing turnpike project that is part of the state
highway system, whether previously tolled or not, to an authority
if:
(1) the commission determines that the proposed
transfer is an integral part of the region's overall plan to improve
mobility in the region and will provide added convenience or a
benefit to the region;
(2) the commission determines that the public has a
reasonable alternative route on nontoll roads;
(3) the authority agrees to assume all liability and
responsibility for the maintenance and operation of the turnpike
project on its transfer; and
(4) the transfer is approved by:
(A) the governor; and
(B) the commissioners court of each county in
which the segment is located.
(i) For the purposes of this section, a segment is a segment
of the free state highway system if the department has used public
money, including money from the state highway fund, money from the
Texas mobility fund, or money from an agreement with a local
governmental entity, to pay for:
(1) the actual acquisition, construction,
improvement, extension, or expansion of the segment;
(2) acquisition of real property, rights-of-way,
property rights, easements, or interests; or
(3) placement of the segment in operation and expenses
related to the initial operation of the segment.
SECTION 6. 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.