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  By: Nichols S.B. No. 730
 
 
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  Transportation Code, are repealed.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.