81R892 JTS-D
By: Bolton H.B. No. 1438
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, Transportation Code, is amended
to read as follows:
Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION. (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 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;
[(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;
[(6)] subject to Subsection (b), the highway or
segment was open to traffic as a high-occupancy vehicle lane on May
1, 2005; or
(5) [(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.
(b) The department may operate or transfer a high-occupancy
vehicle lane under Subsection (a)(4) [(a)(6)] 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, 2009.