82R7647 JAM-F
 
  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.  Section 228.201(a), 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 that has access, function, and
  control devices similar to the converted highway or segment before
  conversion 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  Transportation Code, are repealed.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.