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A BILL TO BE ENTITLED
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AN ACT
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relating to the conversion of a nontolled state highway or segment |
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of the state highway system to a toll project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.201(a), Transportation Code, is |
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amended to read as follows: |
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(a) The [Except as provided by Section 228.2015, the] |
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department may not operate a nontolled state highway or a segment of |
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a nontolled state highway as a toll project, and may not transfer a |
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highway or segment to another entity for operation as a toll |
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project, unless: |
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(1) the commission by order designated the highway or |
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segment as a toll project before the contract to construct the |
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highway or segment was awarded; |
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(2) the highway or segment was open to traffic as a |
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turnpike project on or before September 1, 2005; |
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(3) the project was designated as a toll project in a |
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plan or program of a metropolitan planning organization on or |
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before September 1, 2005; |
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(4) [the highway or segment is reconstructed so that
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the number of nontolled lanes on the highway or segment is greater
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than or equal to the number in existence before the reconstruction;
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[(5) a facility is constructed adjacent to the highway
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or segment so that the number of nontolled lanes on the converted
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highway or segment and the adjacent facility together is greater
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than or equal to the number in existence on the converted highway or
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segment before the conversion;
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[(6)] subject to Subsection (b), the highway or |
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segment was open to traffic as a high-occupancy vehicle lane on May |
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1, 2005; or |
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(5) [(7)] the commission converts the highway or |
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segment to a toll facility by: |
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(A) making the determination required by Section |
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228.202; |
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(B) conducting the hearing required by Section |
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228.203; and |
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(C) obtaining county and voter approval as |
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required by Sections 228.207 and 228.208. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |