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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a state highway or segment of a state |
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highway as 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, Transportation Code, is amended |
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to read as follows: |
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Sec. 228.201. LIMITATION ON TOLL PROJECT [FACILITY] |
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DESIGNATION. The [(a) Except as provided by Section 228.2015, the] |
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department may not operate a [nontolled] state highway or a segment |
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of a [nontolled] state highway as a toll project, and may not |
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transfer a highway or segment to another entity for operation as a |
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toll 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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(2) [(3)] the project was designated as a toll project |
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when the project was initially described in a plan or program for |
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roads released or disclosed to the public by: |
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(A) [of] a metropolitan planning organization, |
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if the proposed toll project is located in the territory of a |
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metropolitan planning organization; or |
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(B) the department, if the proposed toll project |
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is not located in the territory of a metropolitan planning |
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organization [on or 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 segment
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was open to traffic as a high-occupancy vehicle lane on May 1,
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2005]; or |
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(3) [(7)] the commission converts the highway or |
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segment to a toll project [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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[(b)
The department may operate or transfer a
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high-occupancy vehicle lane under Subsection (a)(6) as a tolled
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lane only if the department or other entity operating the lane
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allows vehicles occupied by a specified number of passengers to use
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the lane without paying a toll.] |
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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, 2009. |