| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the conversion of a nontolled state highway or segment |
|
|
of the state highway system to a toll project. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 228.201, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(a) The [Except as provided by Section 228.2015, the] |
|
|
department may not operate a nontolled state highway or a segment of |
|
|
a nontolled state highway as a toll project, and may not transfer a |
|
|
nontolled highway or segment to another entity for operation as a |
|
|
toll project, unless: |
|
|
(1) the commission by order designated the highway or |
|
|
segment as a toll project before the contract to construct the |
|
|
highway or segment was awarded; |
|
|
(2) [the highway or segment was open to traffic as a
|
|
|
turnpike project on or before September 1, 2005;
|
|
|
[(3)
the project was designated as a toll project in a
|
|
|
plan or program of a metropolitan planning organization on or
|
|
|
before September 1, 2005;
|
|
|
[(4)] the highway or segment is reconstructed so that |
|
|
the number of nontolled lanes on the highway or segment is greater |
|
|
than or equal to the number in existence before the reconstruction; |
|
|
(3) [(5)] a facility is constructed adjacent to the |
|
|
highway or segment so that the number of nontolled lanes on the |
|
|
converted highway or segment and the adjacent facility together is |
|
|
greater than or equal to the number in existence on the converted |
|
|
highway or segment before the conversion; or |
|
|
(4) [(6)] subject to Subsection (b), the highway or |
|
|
segment was open to traffic as a high-occupancy vehicle lane on May |
|
|
1, 2005[; or
|
|
|
[(7)
the commission converts the highway or segment to
|
|
|
a toll facility by:
|
|
|
[(A)
making the determination required by
|
|
|
Section 228.202;
|
|
|
[(B)
conducting the hearing required by Section
|
|
|
228.203; and
|
|
|
[(C)
obtaining county and voter approval as
|
|
|
required by Sections 228.207 and 228.208]. |
|
|
SECTION 2. Sections 228.202, 228.203, 228.207, and 228.208, |
|
|
Transportation Code, are repealed. |
|
|
SECTION 3. 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, 2011. |