Texas 2009 - 81st Regular

Texas House Bill HB1449 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6605 MTB-D
2	2	By: Farias H.B. No. 1449
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the construction and expansion of toll projects by
8	8	private entities in certain areas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 371, Transportation Code, as added by
11	11	Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
12	12	Legislature, Regular Session, 2007, is reenacted, redesignated as
13	13	Chapter 372, Transportation Code, and amended to read as follows:
14	14	CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
15	15	TOLL PROJECT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
18	18	(1) "Toll project" means a toll project described by
19	19	Section 201.001(b), regardless of whether the toll project:
20	20	(A) is a part of the state highway system; or
21	21	(B) is subject to the jurisdiction of the
22	22	department.
23	23	(2) "Toll project entity" means an entity authorized
24	24	by law to acquire, design, construct, finance, operate, and
25	25	maintain a toll project, including:
26	26	(A) the department under Chapter 227 or 228;
27	27	(B) a regional tollway authority under Chapter
28	28	366;
29	29	(C) a regional mobility authority under Chapter
30	30	370; or
31	31	(D) a county under Chapter 284.
32	32	SUBCHAPTER B. TOLL PROJECT OPERATION
33	33	Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
34	34	OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
35	35	use motor vehicle registration or other information derived from a
36	36	license plate on a vehicle using a toll project, including
37	37	information obtained by the use of automated enforcement technology
38	38	described by Section 228.058, for purposes other than those related
39	39	to:
40	40	(1) toll collection and toll collection enforcement;
41	41	and
42	42	(2) law enforcement purposes on request by a law
43	43	enforcement agency[, subject to Section 228.058(d)].
44	44	(b) If a toll project entity enters into an agreement with
45	45	an entity in another state that involves the exchange of motor
46	46	vehicle registration or license plate information for toll
47	47	collection or toll collection enforcement purposes, the agreement
48	48	must provide that the information may not be used for purposes other
49	49	than those described in Subsection (a).
50	50	Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
51	51	DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
52	52	[(1) "Toll project" means a toll project described by
53	53	Section 201.001(b), regardless of whether the toll project is:
54	54	[(A) a part of the state highway system; or
55	55	[(B) subject to the jurisdiction of the
56	56	department.
57	57	[(2) "Toll project entity" means an entity authorized
58	58	by law to acquire, design, construct, finance, operate, and
59	59	maintain a toll project, including:
60	60	[(A) the department under Chapter 227 or 228;
61	61	[(B) a regional tollway authority under Chapter
62	62	366;
63	63	[(C) a regional mobility authority under Chapter
64	64	370; or
65	65	[(D) a county under Chapter 284.
66	66	[(b)] A toll project entity may not require a vehicle
67	67	registered under Section 502.203 to pay a toll for the use of a toll
68	68	project.
69	69	Sec. 372.053. RESOURCE PRESERVATION. A toll project may
70	70	not be constructed by a private entity independently or under
71	71	contract with a toll project entity, and a toll project owned,
72	72	leased, or operated by a private entity independently or under
73	73	contract with a toll project entity may not be expanded, if after
74	74	conducting a study the department determines that:
75	75	(1) the construction or expansion will result in
76	76	significant damage to important:
77	77	(A) areas of historic, cultural, or
78	78	archeological value; or
79	79	(B) natural systems;
80	80	(2) the construction or expansion will affect
81	81	renewable resource land, including aquifers and aquifer recharge
82	82	areas, resulting in a substantial loss or reduction of long-range
83	83	water productivity;
84	84	(3) the construction or expansion may reasonably be
85	85	expected to endanger life and property because it will be located in
86	86	an area that is:
87	87	(A) subject to frequent flooding; or
88	88	(B) geologically unstable;
89	89	(4) the construction or expansion will adversely
90	90	affect a national park, national monument, national historic
91	91	landmark, property listed on the National Register of Historic
92	92	Places, national forest, national wilderness area, national
93	93	wildlife refuge, national wild and scenic river area, state park,
94	94	state wildlife refuge, state forest, recorded Texas historic
95	95	landmark, state historic site, state archeological landmark, city
96	96	or county park, or municipally designated historic landmark; or
97	97	(5) the construction or expansion will endanger a
98	98	public road, public building, cemetery, school, church or place for
99	99	worship, or other similar structure or dwelling.
100	100	SECTION 2. This Act takes effect September 1, 2009.