81R10111 JTS-D

By: Coleman H.B. No. 3016

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition against the conversion of a free segment of the state highway system to a toll project.

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

SECTION 1. Sections 222.1045(b) and (e), Transportation Code, as added by Chapter 281 (H.B. 2702), Acts of the 79th Legislature, Regular Session, 2005, are amended to read as follows:

(b) A public entity may contract with a private entity to act as the public entity's agent in[:

[(1)] the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104(b)[; or

[(2) the maintenance of a state highway or a portion of a state highway subject to an agreement under Section 222.104(d)(1)].

(e) A public entity may assign the public entity's right to payment of pass-through tolls under Section 222.104(b) [or (d)(1)] to the private entity.

SECTION 2. Section 228.007(a), Transportation Code, is amended to read as follows:

(a) Subject to Section 228.013 [228.201], the commission may by order authorize the department to charge a toll for the use of one or more lanes of a state highway, including a high occupancy vehicle lane designated under Section 224.153 or an exclusive lane designated under Section 224.1541.

SECTION 3. Subchapter A, Chapter 228, Transportation Code, is amended by adding Section 228.013 to read as follows:

Sec. 228.013. PROHIBITION AGAINST CONVERSION OF NONTOLLED SEGMENT OF STATE HIGHWAY SYSTEM. (a) The department may not:

(1) convert any portion of a nontolled segment of the state highway system to a toll project; or

(2) transfer any portion of a nontolled segment of the state highway system to another entity for operation as a toll project.

(b) For the purposes of this section, a segment of the state highway system is a nontolled segment if, at the time the department awards the contract for the construction of the segment, the segment is not designated as a toll project.

SECTION 4. Section 228.051, Transportation Code, is amended to read as follows:

Sec. 228.051. DESIGNATION. Subject to Section 228.013 [228.201], the commission by order may designate one or more lanes of a proposed segment of the state highway system as a toll project or system.

SECTION 5. Section 228.151(a), Transportation Code, is amended to read as follows:

(a) The department may lease, sell, or transfer in another manner a toll project or system[, including a nontolled state highway or a segment of a nontolled state highway converted to a toll project under Subchapter E,] to a governmental entity that has the authority to operate a tolled highway or a local government corporation created under Chapter 431.

SECTION 6. Section 366.169(c), Transportation Code, is amended to read as follows:

(c) Except as provided by Section 228.013 [228.201], 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 7. Section 370.168(c), Transportation Code, is amended to read as follows:

(c) Except as provided by Section 228.013 [228.201], 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 8. The following provisions are repealed:

(1) Section 222.104(d), Transportation Code;

(2) Sections 222.1045(b) and (e), Transportation Code, as added by Chapter 994 (H.B. 2139), Acts of the 79th Legislature, Regular Session, 2005; and

(3) Subchapter E, Chapter 228, Transportation Code.

SECTION 9. The change in law made by this Act applies only to a contract for the conversion of a free segment of the state highway system to a toll project entered into on or after the effective date of this Act. A contract for the conversion of a free segment of the state highway system to a toll project entered into before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.