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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and operation of a public transit |
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motor-bus-only lane pilot program in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 455, Transportation Code, is amended by |
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adding Section 455.006 to read as follows: |
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Sec. 455.006. PUBLIC TRANSIT MOTOR-BUS-ONLY LANE PILOT |
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PROGRAM. (a) The department, in consultation with the Department |
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of Public Safety and in conjunction with the appropriate mass |
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transit authorities and the municipalities served by those |
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authorities, shall establish and operate a public transit |
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motor-bus-only lane pilot program for highways in Bexar, Denton, |
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and Travis Counties that are part of the state highway system and |
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have shoulders of sufficient width and structural integrity. |
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(b) The public transit motor-bus-only lane pilot program |
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shall: |
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(1) provide for the use by public transit motor buses |
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of highway shoulders as a low-speed bypass of congested highway |
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lanes when the speed of vehicles being operated on the main traveled |
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part of the adjacent highways is 35 miles per hour or less; |
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(2) limit the maximum speed of a public transit motor |
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bus being operated on a public transit motor-bus-only lane to not |
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more than 15 miles per hour greater than the speed of vehicles being |
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operated on the main traveled part of the adjacent highway; |
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(3) gain local operational experience with the |
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conversion of existing highway shoulders to public transit |
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motor-bus-only lanes during peak traffic periods; |
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(4) take into consideration the following: |
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(A) safety; |
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(B) travel time and reliability; |
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(C) driver and passenger perceptions; |
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(D) level of service and maintenance; and |
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(E) capital improvements; and |
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(5) be limited only to public transit motor buses |
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operated by the mass transit authorities or municipal mass transit |
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departments in the counties specified by Subsection (a). |
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(c) The department shall initiate the public transit |
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motor-bus-only lane pilot program as soon as practicable but not |
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later than December 31, 2009. |
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(d) Notwithstanding Subsection (a), the department may not |
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establish or operate a public transit motor-bus-only lane on a |
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highway or toll facility maintained by a regional tollway authority |
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established under Chapter 366 without the authority's consent. |
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SECTION 2. Section 542.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 542.002. GOVERNMENT VEHICLES. A provision of this |
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subtitle applicable to an operator of a vehicle applies to the |
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operator of a vehicle owned or operated by the United States, this |
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state, or a political subdivision of this state, except as |
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specifically provided otherwise by this subtitle [for an authorized
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emergency vehicle]. |
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SECTION 3. Subsection (c), Section 545.058, Transportation |
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Code, is amended to read as follows: |
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(c) A limitation in this section on driving on an improved |
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shoulder does not apply to: |
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(1) an authorized emergency vehicle responding to a |
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call; |
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(2) a police patrol; [or] |
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(3) a bicycle; or |
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(4) a public transit motor bus of a transportation |
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entity described by Section 455.006 operating on a shoulder |
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designated by the Texas Department of Transportation under that |
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section. |
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SECTION 4. Section 545.352, Transportation Code, is amended |
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by adding Subsection (c-1) to read as follows: |
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(c-1) The maximum speed limit for a public transit motor bus |
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of a transportation entity described by Section 455.006 that is |
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operating on the shoulder of a highway designated as a public |
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transit motor-bus-only lane by the Texas Department of |
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Transportation under that section is 35 miles per hour. |
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SECTION 5. 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. |