79R7168 JD-D

By:  Wong                                                         H.B. No. 2497


A BILL TO BE ENTITLED
AN ACT
relating to the tolling of free highways in the state highway system and to the conveyance of certain property for a tolled highway or facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 224.154(a), Transportation Code, is amended to read as follows: (a) Except as provided by Sections [Notwithstanding any law of this state relating to charging tolls on existing free public highways, and subject to Section] 224.1541(d) and 361.237, the commission may by order authorize the department to charge a toll for the use of one or more lanes of a state highway facility, including a high occupancy vehicle lane, for the purposes of congestion mitigation. SECTION 2. Subchapter F, Chapter 361, Transportation Code, is amended by adding Section 361.237 to read as follows: Sec. 361.237. PROHIBITION ON CERTAIN HIGHWAY CONSTRUCTION, MAINTENANCE, OPERATION, OR TRANSFER. (a) The department may not construct, maintain, or operate a highway in the state highway system or a segment of a highway in the state highway system as a turnpike project if the department used any public money, including money in the state highway fund or the Texas mobility fund or money received from a governmental entity or political subdivision of this state, to pay for: (1) property or an interest in property, including right-of-way or an easement, necessary for the construction, maintenance, extension, expansion, or operation of the highway or segment; or (2) the acquisition, construction, maintenance, extension, expansion, or operation of the highway or segment. (b) The department may not transfer or convey a highway in the state highway system or a segment of a highway in the state highway system described by Subsection (a) to a political subdivision of this state or another governmental entity if the political subdivision or governmental entity proposes to operate the highway or segment as a turnpike project. SECTION 3. Section 366.169(c), Transportation Code, is amended to read as follows: (c) Except as provided by Section 361.237 [Section 366.035], the state or a local governmental entity may convey, grant, or lease to an authority real property, including highways and other real property already devoted to public use and rights or easements in real property, that may be necessary or convenient to accomplish the authority's purposes, including the construction or operation of a turnpike project. A conveyance, grant, or lease under this section may be made without advertising, court order, or other action other than the normal action of the state or local governmental entity necessary for a conveyance, grant, or lease. SECTION 4. Section 366.170(a), Transportation Code, is amended to read as follows: (a) Except as provided by [Section 366.035 or] Section 366.165(c), an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, except for: (1) parks and playgrounds; (2) property owned by or on behalf of the state that under state law requires compensation to the state for the use or acquisition of the property; or (3) as provided by this chapter. SECTION 5. Section 370.168(c), Transportation Code, is amended to read as follows: (c) Except as provided by Section 361.237 [370.035], this state or a local government may convey, grant, or lease to an authority real property, including highways and other real property devoted to public use and rights or easements in real property, that may be necessary or convenient to accomplish a purpose of the authority, including the construction or operation of a transportation project. A conveyance, grant, or lease under this section may be made without advertising, court order, or other action other than the normal action of this state or local government necessary for a conveyance, grant, or lease. SECTION 6. Section 370.169(a), Transportation Code, is amended to read as follows: (a) An [Except as provided by Section 370.035, an] authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, other than: (1) a park, playground, or designated environmental preserve; (2) property owned by or on behalf of this state that under law requires compensation to this state for the use or acquisition of the property; or (3) as provided by this chapter. SECTION 7. Sections 222.102, 284.009, as added by Chapters 935 and 1325, Acts of the 78th Legislature, Regular Session, 2003, 361.180, 362.0041, 366.035, 370.035, and 370.163(b), Transportation Code, are repealed. SECTION 8. 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.