81R6605 MTB-D
By: Farias H.B. No. 1449
A BILL TO BE ENTITLED
AN ACT
relating to the construction and expansion of toll projects by
private entities in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 371, Transportation Code, as added by
Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency[, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
[(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
Sec. 372.053. RESOURCE PRESERVATION. A toll project may
not be constructed by a private entity independently or under
contract with a toll project entity, and a toll project owned,
leased, or operated by a private entity independently or under
contract with a toll project entity may not be expanded, if after
conducting a study the department determines that:
(1) the construction or expansion will result in
significant damage to important:
(A) areas of historic, cultural, or
archeological value; or
(B) natural systems;
(2) the construction or expansion will affect
renewable resource land, including aquifers and aquifer recharge
areas, resulting in a substantial loss or reduction of long-range
water productivity;
(3) the construction or expansion may reasonably be
expected to endanger life and property because it will be located in
an area that is:
(A) subject to frequent flooding; or
(B) geologically unstable;
(4) the construction or expansion will adversely
affect a national park, national monument, national historic
landmark, property listed on the National Register of Historic
Places, national forest, national wilderness area, national
wildlife refuge, national wild and scenic river area, state park,
state wildlife refuge, state forest, recorded Texas historic
landmark, state historic site, state archeological landmark, city
or county park, or municipally designated historic landmark; or
(5) the construction or expansion will endanger a
public road, public building, cemetery, school, church or place for
worship, or other similar structure or dwelling.
SECTION 2. This Act takes effect September 1, 2009.