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