| 1 | 1 | | 81R23423 JD-D |
|---|
| 2 | 2 | | By: Bolton, McClendon, Maldonado, Solomons H.B. No. 1790 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 1790: |
|---|
| 4 | 4 | | By: Pickett C.S.H.B. No. 1790 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the establishment and operation of a public transit |
|---|
| 10 | 10 | | motor-bus-only lane pilot program in certain counties. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 455, Transportation Code, is amended by |
|---|
| 13 | 13 | | adding Section 455.006 to read as follows: |
|---|
| 14 | 14 | | Sec. 455.006. PUBLIC TRANSIT MOTOR-BUS-ONLY LANE PILOT |
|---|
| 15 | 15 | | PROGRAM. (a) The department, in consultation with the Department |
|---|
| 16 | 16 | | of Public Safety and in conjunction with the appropriate mass |
|---|
| 17 | 17 | | transit authorities and the municipalities served by those |
|---|
| 18 | 18 | | authorities, shall establish and operate a public transit |
|---|
| 19 | 19 | | motor-bus-only lane pilot program for highways in Bexar, Denton, |
|---|
| 20 | 20 | | and Travis Counties that are part of the state highway system and |
|---|
| 21 | 21 | | have shoulders of sufficient width and structural integrity. |
|---|
| 22 | 22 | | (b) The public transit motor-bus-only lane pilot program |
|---|
| 23 | 23 | | shall: |
|---|
| 24 | 24 | | (1) provide for the use by public transit motor buses |
|---|
| 25 | 25 | | of highway shoulders as a low-speed bypass of congested highway |
|---|
| 26 | 26 | | lanes when the speed of vehicles being operated on the main traveled |
|---|
| 27 | 27 | | part of the adjacent highways is 35 miles per hour or less; |
|---|
| 28 | 28 | | (2) limit the maximum speed of a public transit motor |
|---|
| 29 | 29 | | bus being operated on a public transit motor-bus-only lane to not |
|---|
| 30 | 30 | | more than 15 miles per hour greater than the speed of vehicles being |
|---|
| 31 | 31 | | operated on the main traveled part of the adjacent highway; |
|---|
| 32 | 32 | | (3) gain local operational experience with the |
|---|
| 33 | 33 | | conversion of existing highway shoulders to public transit |
|---|
| 34 | 34 | | motor-bus-only lanes during peak traffic periods; |
|---|
| 35 | 35 | | (4) take into consideration the following: |
|---|
| 36 | 36 | | (A) safety; |
|---|
| 37 | 37 | | (B) travel time and reliability; |
|---|
| 38 | 38 | | (C) driver and passenger perceptions; |
|---|
| 39 | 39 | | (D) level of service and maintenance; and |
|---|
| 40 | 40 | | (E) capital improvements; and |
|---|
| 41 | 41 | | (5) be limited only to public transit motor buses |
|---|
| 42 | 42 | | operated by the mass transit authorities or municipal mass transit |
|---|
| 43 | 43 | | departments in the counties specified by Subsection (a). |
|---|
| 44 | 44 | | (c) The department shall initiate the public transit |
|---|
| 45 | 45 | | motor-bus-only lane pilot program as soon as practicable but not |
|---|
| 46 | 46 | | later than December 31, 2009. |
|---|
| 47 | 47 | | (d) Notwithstanding Subsection (a), the department may not |
|---|
| 48 | 48 | | establish or operate a public transit motor-bus-only lane on a |
|---|
| 49 | 49 | | highway or toll facility maintained by a regional tollway authority |
|---|
| 50 | 50 | | established under Chapter 366 without the authority's consent. |
|---|
| 51 | 51 | | SECTION 2. Section 542.002, Transportation Code, is amended |
|---|
| 52 | 52 | | to read as follows: |
|---|
| 53 | 53 | | Sec. 542.002. GOVERNMENT VEHICLES. A provision of this |
|---|
| 54 | 54 | | subtitle applicable to an operator of a vehicle applies to the |
|---|
| 55 | 55 | | operator of a vehicle owned or operated by the United States, this |
|---|
| 56 | 56 | | state, or a political subdivision of this state, except as |
|---|
| 57 | 57 | | specifically provided otherwise by this subtitle [for an authorized |
|---|
| 58 | 58 | | emergency vehicle]. |
|---|
| 59 | 59 | | SECTION 3. Subsection (c), Section 545.058, Transportation |
|---|
| 60 | 60 | | Code, is amended to read as follows: |
|---|
| 61 | 61 | | (c) A limitation in this section on driving on an improved |
|---|
| 62 | 62 | | shoulder does not apply to: |
|---|
| 63 | 63 | | (1) an authorized emergency vehicle responding to a |
|---|
| 64 | 64 | | call; |
|---|
| 65 | 65 | | (2) a police patrol; [or] |
|---|
| 66 | 66 | | (3) a bicycle; or |
|---|
| 67 | 67 | | (4) a public transit motor bus of a transportation |
|---|
| 68 | 68 | | entity described by Section 455.006 operating on a shoulder |
|---|
| 69 | 69 | | designated by the Texas Department of Transportation under that |
|---|
| 70 | 70 | | section. |
|---|
| 71 | 71 | | SECTION 4. Section 545.352, Transportation Code, is amended |
|---|
| 72 | 72 | | by adding Subsection (c-1) to read as follows: |
|---|
| 73 | 73 | | (c-1) The maximum speed limit for a public transit motor bus |
|---|
| 74 | 74 | | of a transportation entity described by Section 455.006 that is |
|---|
| 75 | 75 | | operating on the shoulder of a highway designated as a public |
|---|
| 76 | 76 | | transit motor-bus-only lane by the Texas Department of |
|---|
| 77 | 77 | | Transportation under that section is 35 miles per hour. |
|---|
| 78 | 78 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 82 | 82 | | Act takes effect September 1, 2009. |
|---|