| 1 | 1 | | 81R892 JTS-D |
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| 2 | 2 | | By: Bolton H.B. No. 1438 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conversion of a nontolled state highway or segment |
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| 8 | 8 | | of the state highway system to a toll project. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 228.201, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION. (a) |
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| 13 | 13 | | The [Except as provided by Section 228.2015, the] department may |
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| 14 | 14 | | not operate a nontolled state highway or a segment of a nontolled |
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| 15 | 15 | | state highway as a toll project, and may not transfer a highway or |
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| 16 | 16 | | segment to another entity for operation as a toll project, unless: |
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| 17 | 17 | | (1) the commission by order designated the highway or |
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| 18 | 18 | | segment as a toll project before the contract to construct the |
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| 19 | 19 | | highway or segment was awarded; |
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| 20 | 20 | | (2) the highway or segment was open to traffic as a |
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| 21 | 21 | | turnpike project on or before September 1, 2005; |
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| 22 | 22 | | (3) the project was designated as a toll project in a |
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| 23 | 23 | | plan or program of a metropolitan planning organization on or |
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| 24 | 24 | | before September 1, 2005; |
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| 25 | 25 | | (4) [the highway or segment is reconstructed so that |
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| 26 | 26 | | the number of nontolled lanes on the highway or segment is greater |
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| 27 | 27 | | than or equal to the number in existence before the reconstruction; |
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| 28 | 28 | | [(5) a facility is constructed adjacent to the highway |
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| 29 | 29 | | or segment so that the number of nontolled lanes on the converted |
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| 30 | 30 | | highway or segment and the adjacent facility together is greater |
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| 31 | 31 | | than or equal to the number in existence on the converted highway or |
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| 32 | 32 | | segment before the conversion; |
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| 33 | 33 | | [(6)] subject to Subsection (b), the highway or |
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| 34 | 34 | | segment was open to traffic as a high-occupancy vehicle lane on May |
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| 35 | 35 | | 1, 2005; or |
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| 36 | 36 | | (5) [(7)] the commission converts the highway or |
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| 37 | 37 | | segment to a toll facility by: |
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| 38 | 38 | | (A) making the determination required by Section |
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| 39 | 39 | | 228.202; |
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| 40 | 40 | | (B) conducting the hearing required by Section |
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| 41 | 41 | | 228.203; and |
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| 42 | 42 | | (C) obtaining county and voter approval as |
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| 43 | 43 | | required by Sections 228.207 and 228.208. |
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| 44 | 44 | | (b) The department may operate or transfer a high-occupancy |
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| 45 | 45 | | vehicle lane under Subsection (a)(4) [(a)(6)] as a tolled lane only |
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| 46 | 46 | | if the department or other entity operating the lane allows |
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| 47 | 47 | | vehicles occupied by a specified number of passengers to use the |
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| 48 | 48 | | lane without paying a toll. |
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| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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