79R9270 JTS-D
By: Ogden S.B. No. 1397
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a toll on a segment of highway for
which the Texas Department of Transportation has spent public
money.
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) Subject [Notwithstanding any law of this state relating
to charging tolls on existing free public highways, and subject] to
Sections [Section] 224.1541(d) and 361.101(b), 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. Section 224.160(a), Transportation Code, is
amended to read as follows:
(a) To aid in the collection of tolls and in the enforcement
of toll violations, [including tolls on temporary toll projects
authorized by Section 222.102,] the commission may use automated
enforcement technology that it determines is necessary, including
automatic vehicle license plate identification photography and
video surveillance, by electronic imaging or photographic copying.
SECTION 3. Section 361.101, Transportation Code, is amended
to read as follows:
Sec. 361.101. DESIGNATION [DETERMINATION] OF TURNPIKE
PROJECTS. (a) The department may[:
[(1)] construct, maintain, repair, and operate a
turnpike project to:
(1) [(A)] facilitate vehicular traffic throughout
this state;
(2) [(B)] promote the agricultural and industrial
development of this state;
(3) [(C)] effect traffic safety; or
(4) [(D)] improve connections between highways of
this state, adjoining states, and the United Mexican States[; and
[(2) at any time determine to undertake a turnpike
project, except that the commission by order must approve final
designation].
(b) Except as provided by Subsection (c), the department may
not operate a segment of highway, including a lane of a segment, as
a turnpike project, and may not transfer a segment to another entity
for operation as a turnpike project, unless:
(1) the commission by order designated the segment as
a turnpike project before the contract to construct the segment was
awarded; or
(2) the segment was open to traffic as a turnpike
project on or before September 1, 2005.
(c) Notwithstanding Subsection (b), the department may
operate a segment of highway as a turnpike project if:
(1) a construction contract was awarded for the
segment before September 1, 2005;
(2) the segment had not at any time before September 1,
2005, been open to traffic; and
(3) the commission designated the segment as a
turnpike project before the earlier of:
(A) the date the segment is opened to traffic; or
(B) September 1, 2005.
(d) This subsection and Subsection (c) expire September 1,
2006.
SECTION 4. Section 366.165(d), Transportation Code, is
amended to read as follows:
(d) An authority's acquisition of any real or other property
of the commission under this section or any other section of this
chapter or an authority's relocation, rerouting, disruption, or
alteration of any facility of the commission is [considered a
conversion of a state highway under Section 366.035 and is] subject
to the following [all] requirements:
(1) the commission must determine that the action is
the most feasible and economic means to accomplish necessary
expansion, improvements, or extensions to the state highway system;
and
(2) the action must be approved by the governor [and
approvals of a conversion under that section].
SECTION 5. Section 366.169(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 361.101(b) [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 6. The heading to Section 370.035, Transportation
Code, is amended to read as follows:
Sec. 370.035. [CONVERSION AND] TRANSFER OF STATE HIGHWAY
SYSTEM TURNPIKE PROJECTS.
SECTION 7. 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 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 only 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
(3) the transfer is [(4)] approved by the governor.
SECTION 8. Section 370.163(b), Transportation Code, is
amended to read as follows:
(b) An authority's acquisition of any property of the
commission under this or another section of this chapter or an
authority's relocation, rerouting, disruption, or alteration of a
facility of the commission is [considered a conversion of a state
highway system under Section 370.035 and is] subject to the
following requirements:
(1) the commission must determine that:
(A) the proposed action is an integral part of
the region's overall plan to improve mobility in the region; and
(B) the public has a reasonable nontoll
alternative;
(2) the authority must agree to assume all liability
and responsibility for the maintenance and operation of the
facility; and
(3) the action must be approved by the governor [each
requirement, condition, or limitation provided by that section].
SECTION 9. Section 370.168(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 361.101(b) [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 10. The following laws are repealed:
(1) Sections 222.102, 361.180, 362.0041, and 366.035,
Transportation Code;
(2) Section 284.009, Transportation Code, as added by
Chapter 953, Acts of the 78th Legislature, Regular Session, 2003;
and
(3) Section 284.009, Transportation Code, as added by
Chapter 1325, Acts of the 78th Legislature, Regular Session, 2003.
SECTION 11. This Act takes effect September 1, 2005.