79R7815 JTS-D
By: Shapiro S.B. No. 1383
A BILL TO BE ENTITLED
AN ACT
relating to the conversion of a segment of the free state highway
system to a turnpike project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 224.154, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (f) and (g) to
read as follows:
(a) Subject [Notwithstanding any law of this state relating
to charging tolls on existing free public highways, and subject] to
Subsection (f) and Section 224.1541(d), 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.
(f) Except as provided by Subsection (g), before the
commission authorizes the department to charge a toll under
Subsection (a) on a traffic lane that had been opened to traffic as
a nontolled facility, the department must comply with Section
362.0041.
(g) The requirements of Section 362.0041 do not apply to the
imposition of a toll on a lane if:
(1) the commission by order proposes the toll; and
(2) at any time during the period between the date the
toll is proposed and the date the collection of tolls commences, the
department opens an additional nontolled lane of traffic on the
highway that had not previously been open to traffic.
SECTION 2. Section 284.009, Transportation Code, as added
by Chapters 953 and 1325, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 284.009. CONVEYANCE OF SEGMENT OF STATE HIGHWAY TO
COUNTY [OR TOLL ROAD AUTHORITY]. (a) The commission may convey a
segment of the free state highway system converted to a toll
facility under Section 362.0041 and [nontoll state highway or a
segment of a nontoll state highway, including] real property
acquired to construct or operate the segment [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 proposed conveyance is approved by the
commissioners court of each county within which the segment
[highway] is located;
(2) 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];
(3) any funds paid by the department for the
construction, maintenance, and operation of the conveyed segment
[highway] are repaid to the department; and
(4) the county [or toll road authority] agrees to
assume all liability and responsibility for the maintenance and
operation of the conveyed segment [highway] on its conveyance.
(a-1) The commission may only make a conveyance under this
section if the commission determines that the conveyance is the
most feasible and economic means to accomplish necessary
expansions, extensions, or improvements of the conveyed segment of
the highway. Tolls may not be collected by a county [an authority]
from a conveyed segment of highway except to finance the expansion,
extension, operation, and maintenance of that highway segment.
(b) A county [or toll road authority] that receives a
nontoll [state highway or a] segment of a nontoll state highway
under Subsection (a) may own, operate, and maintain the segment
[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 [or toll road authority] 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[, toll road authority,] or another governmental entity
that the county [or toll road authority] 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[, toll
road authority,] or another governmental entity;
(B) located inside or outside the county [or area
served by the toll road authority]; and
(C) that the county [or toll road authority]
determines will improve mobility within the county [or area served
by the toll road authority].
(h-1) Funds received by the department under this section:
(1) shall be deposited to the credit of the state
highway fund; and
(2) are exempt from the application of Section
403.095, Government Code.
(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 or connecting to an outer loop located
primarily in a county having a population of more than three million
or an adjacent county.
SECTION 3. Section 362.0041, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (h) to
read as follows:
(a) Except as provided in Subsections (d) and (g), and
subject to Section 224.154(g) the commission may by order convert a
segment of the free state highway system to a toll facility,
including the conversion of a lane of the free highway system to a
toll lane under Section 224.154, if it determines that the
conversion will improve overall mobility in the region or is the
most feasible and economic means to accomplish necessary expansion,
improvements, or extensions to that segment of the state highway
system.
(h) For the purposes of this section, a segment is a segment
of the free state highway system if the segment has been open to
traffic at any time.
SECTION 4. Section 366.035, Transportation Code, is amended
to read as follows:
Sec. 366.035. TRANSFER OF CONVERTED [CONVERSION OF] STATE
HIGHWAY SYSTEM PROJECTS. (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, the
department by order of the commission may transfer to an authority,
on approval of the governor and the affected authority, any segment
of the free state highway system converted to a toll facility under
Section 362.0041 that is 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
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.
(b) An authority shall reimburse the commission for the cost
of a transferred segment of a highway, unless the commission
determines that the transfer will result in substantial net
benefits to the state, the department, and the traveling public
that exceed that cost. The cost includes the total amount expended
by the department for the original construction of the segment
[highway], including all costs associated with the preliminary
engineering and design engineering for plans, specifications, and
estimates, the acquisition of necessary rights-of-way, and actual
construction of the segment [highway] and all necessary appurtenant
facilities. Costs anticipated to be expended to expand, improve,
or extend the segment [highway] shall be deducted from the costs to
be reimbursed to the commission.
(c) The commission shall, at the time of a transfer, remove
the segment of highway from the state highway system. After a
transfer the commission has no liability, responsibility, or duty
for the maintenance or operation of the segment [highway].
(d) Before transferring a segment of the state highway
system under this section, the commission shall conduct a public
hearing to receive comments from interested persons concerning the
proposed transfer. Notice of the hearing must be published in the
Texas Register, one or more newspapers of general circulation in
the counties in which the segment is located, and a newspaper, if
any, published in the counties of the applicable authority.
(e) The commission shall adopt rules implementing this
section. The rules shall include criteria and guidelines for the
approval of a transfer of a segment [highway].
(f) An authority shall adopt rules providing criteria and
guidelines for approving the acceptance of a segment [highway]
under this section.
(g) The commission may not transfer the Queen Isabella
Causeway in Cameron County to an authority under this section.
SECTION 5. Section 370.035(a), Transportation Code, is
amended to read as follows:
(a) The commission by order may convert a segment of the
free state highway system to a turnpike project under Section
362.0041 and transfer that segment 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;
(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 the governor.
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.