85R12839 JAM-D
 
  By: Hall S.B. No. 1143
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on converting high occupancy vehicle
  highway lanes to tolled lanes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 228.201, Transportation Code, is amended
  to read as follows:
         Sec. 228.201.  LIMITATION ON TOLL FACILITY DESIGNATION.
  [(a)]  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 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 project was designated as a toll project in a
  plan or program of a metropolitan planning organization on or
  before September 1, 2005;
               (3)  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;
  or
               (4)  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
               [(5)     subject to Subsection (b), the highway or segment
  was open to traffic as a high-occupancy vehicle lane on May 1,
  2005].
         [(b)     The department may operate or transfer a
  high-occupancy vehicle lane under Subsection (a)(5) as a tolled
  lane only if the department or other entity operating the lane
  allows vehicles occupied by a specified number of passengers to use
  the lane without paying a toll.]
         SECTION 2.  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, 2017.