81R6605 MTB-D

By: Farias H.B. No. 1449

A BILL TO BE ENTITLED

AN ACT

relating to the construction and expansion of toll projects by private entities in certain areas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 371, Transportation Code, as added by Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th Legislature, Regular Session, 2007, is reenacted, redesignated as Chapter 372, Transportation Code, and amended to read as follows:

CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF

TOLL PROJECT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:

(1) "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project:

(A) is a part of the state highway system; or

(B) is subject to the jurisdiction of the department.

(2) "Toll project entity" means an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including:

(A) the department under Chapter 227 or 228;

(B) a regional tollway authority under Chapter 366;

(C) a regional mobility authority under Chapter 370; or

(D) a county under Chapter 284.

SUBCHAPTER B. TOLL PROJECT OPERATION

Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION OR LICENSE PLATE INFORMATION. (a) A toll project entity may not use motor vehicle registration or other information derived from a license plate on a vehicle using a toll project, including information obtained by the use of automated enforcement technology described by Section 228.058, for purposes other than those related to:

(1) toll collection and toll collection enforcement; and

(2) law enforcement purposes on request by a law enforcement agency[, subject to Section 228.058(d)].

(b) If a toll project entity enters into an agreement with an entity in another state that involves the exchange of motor vehicle registration or license plate information for toll collection or toll collection enforcement purposes, the agreement must provide that the information may not be used for purposes other than those described in Subsection (a).

Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT DISASTER RELIEF ORGANIZATIONS. [(a) In this section:

[(1) "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project is:

[(A) a part of the state highway system; or

[(B) subject to the jurisdiction of the department.

[(2) "Toll project entity" means an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including:

[(A) the department under Chapter 227 or 228;

[(B) a regional tollway authority under Chapter 366;

[(C) a regional mobility authority under Chapter 370; or

[(D) a county under Chapter 284.

[(b)] A toll project entity may not require a vehicle registered under Section 502.203 to pay a toll for the use of a toll project.

Sec. 372.053. RESOURCE PRESERVATION. A toll project may not be constructed by a private entity independently or under contract with a toll project entity, and a toll project owned, leased, or operated by a private entity independently or under contract with a toll project entity may not be expanded, if after conducting a study the department determines that:

(1) the construction or expansion will result in significant damage to important:

(A) areas of historic, cultural, or archeological value; or

(B) natural systems;

(2) the construction or expansion will affect renewable resource land, including aquifers and aquifer recharge areas, resulting in a substantial loss or reduction of long-range water productivity;

(3) the construction or expansion may reasonably be expected to endanger life and property because it will be located in an area that is:

(A) subject to frequent flooding; or

(B) geologically unstable;

(4) the construction or expansion will adversely affect a national park, national monument, national historic landmark, property listed on the National Register of Historic Places, national forest, national wilderness area, national wildlife refuge, national wild and scenic river area, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archeological landmark, city or county park, or municipally designated historic landmark; or

(5) the construction or expansion will endanger a public road, public building, cemetery, school, church or place for worship, or other similar structure or dwelling.

SECTION 2. This Act takes effect September 1, 2009.