79R7325 JTS-D

By:  Van Arsdale                                                  H.B. No. 3256



A BILL TO BE ENTITLED

AN ACT

relating to requiring approval by certain elected officials for 
certain proposed toll projects in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 284, Transportation Code, 
is amended by adding Section 284.010 to read as follows:
	Sec. 284.010.  CONVEYANCE IN CERTAIN COUNTIES; APPROVAL BY 
CERTAIN ELECTED OFFICIALS REQUIRED.  (a)  This section applies only 
to the proposed conveyance of a state highway or segment of a state 
highway located in a county with a population of three million or 
more.
	(b)  The commission may not convey a state highway or segment 
of a state highway under Section 284.009 without the written 
approval of a majority of:
		(1)  the members of the legislature who represent a 
district in which the segment proposed for conveyance is located; 
and
		(2)  the county commissioners and the county judge.                    
	(c)  Before conducting the public hearing required by 
Section 284.009, the commission shall give written notice of the 
hearing to each elected official described by Subsection (b).
	(d)  Not later than the 21st day after the date an elected 
official receives notice of the hearing under Subsection (c), the 
official shall respond to the notice by stating in writing whether 
the official approves of the proposal to make the conveyance.
	(e)  The commission by rule shall prescribe the form of a 
notice and response required by this section.
	(f)  Section 284.009(a)(1), as added by Section 7.01, 
Chapter 1325, Acts of the 78th Legislature, Regular Session, 2003, 
does not apply to a segment approved for conveyance under this 
section.
	SECTION 2.  Subchapter A, Chapter 362, Transportation Code, 
is amended by adding Section 362.0042 to read as follows:
	Sec. 362.0042.  CONVERSION IN CERTAIN COUNTIES; APPROVAL BY 
CERTAIN ELECTED OFFICIALS REQUIRED.  (a)  This section applies only 
to the proposed conversion of a segment of the free state highway 
system located in a county with a population of three million or 
more.
	(b)  The commission may not convert a segment of the free 
state highway system under Section 362.0041 without the written 
approval of a majority of:
		(1)  the members of the legislature who represent a 
district in which the segment proposed for conversion is located; 
and
		(2)  the county commissioners and the county judge.                    
	(c)  Before conducting the public hearing required by 
Section 362.0041(b), the commission shall give written notice of 
the hearing to each elected official described by Subsection (b).
	(d)  Not later than the 21st day after the date an elected 
official receives notice of the hearing under Subsection (c), the 
official shall respond to the notice by stating in writing whether 
the official approves of the proposal to make the conversion.
	(e)  The commission by rule shall prescribe the form of a 
notice and response required by this section.
	(f)  Section 362.0041(g) does not apply to a segment approved 
for conversion under this section.
	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.