81R10111 JTS-D
By: Coleman H.B. No. 3016
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against the conversion of a free segment
of the state highway system to a toll project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 222.1045(b) and (e), Transportation
Code, as added by Chapter 281 (H.B. 2702), Acts of the 79th
Legislature, Regular Session, 2005, are amended to read as follows:
(b) A public entity may contract with a private entity to
act as the public entity's agent in[:
[(1)] the design, financing, maintenance, operation,
or construction, including oversight and inspection, of a toll or
nontoll facility under Section 222.104(b)[; or
[(2) the maintenance of a state highway or a portion of
a state highway subject to an agreement under Section
222.104(d)(1)].
(e) A public entity may assign the public entity's right to
payment of pass-through tolls under Section 222.104(b) [or (d)(1)]
to the private entity.
SECTION 2. Section 228.007(a), Transportation Code, is
amended to read as follows:
(a) Subject to Section 228.013 [228.201], the commission
may by order authorize the department to charge a toll for the use
of one or more lanes of a state highway, including a high occupancy
vehicle lane designated under Section 224.153 or an exclusive lane
designated under Section 224.1541.
SECTION 3. Subchapter A, Chapter 228, Transportation Code,
is amended by adding Section 228.013 to read as follows:
Sec. 228.013. PROHIBITION AGAINST CONVERSION OF NONTOLLED
SEGMENT OF STATE HIGHWAY SYSTEM. (a) The department may not:
(1) convert any portion of a nontolled segment of the
state highway system to a toll project; or
(2) transfer any portion of a nontolled segment of the
state highway system to another entity for operation as a toll
project.
(b) For the purposes of this section, a segment of the state
highway system is a nontolled segment if, at the time the department
awards the contract for the construction of the segment, the
segment is not designated as a toll project.
SECTION 4. Section 228.051, Transportation Code, is amended
to read as follows:
Sec. 228.051. DESIGNATION. Subject to Section 228.013
[228.201], the commission by order may designate one or more lanes
of a proposed segment of the state highway system as a toll project
or system.
SECTION 5. Section 228.151(a), Transportation Code, is
amended to read as follows:
(a) The department may lease, sell, or transfer in another
manner a toll project or system[, including a nontolled state
highway or a segment of a nontolled state highway converted to a
toll project under Subchapter E,] to a governmental entity that has
the authority to operate a tolled highway or a local government
corporation created under Chapter 431.
SECTION 6. Section 366.169(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 228.013 [228.201], the
state or a local governmental entity may convey, grant, or lease to
an authority real property, including [highways and other] real
property already devoted to public use and rights or easements in
real property, that may be necessary or convenient to accomplish
the authority's purposes, including the construction or operation
of a turnpike project. A conveyance, grant, or lease under this
section may be made without advertising, court order, or other
action other than the normal action of the state or local
governmental entity necessary for a conveyance, grant, or lease.
SECTION 7. Section 370.168(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 228.013 [228.201], this
state or a local government may convey, grant, or lease to an
authority real property, including [highways and other] real
property devoted to public use and rights or easements in real
property, that may be necessary or convenient to accomplish a
purpose of the authority, including the construction or operation
of a transportation project. A conveyance, grant, or lease under
this section may be made without advertising, court order, or other
action other than the normal action of this state or local
government necessary for a conveyance, grant, or lease.
SECTION 8. The following provisions are repealed:
(1) Section 222.104(d), Transportation Code;
(2) Sections 222.1045(b) and (e), Transportation
Code, as added by Chapter 994 (H.B. 2139), Acts of the 79th
Legislature, Regular Session, 2005; and
(3) Subchapter E, Chapter 228, Transportation Code.
SECTION 9. The change in law made by this Act applies only
to a contract for the conversion of a free segment of the state
highway system to a toll project entered into on or after the
effective date of this Act. A contract for the conversion of a free
segment of the state highway system to a toll project entered into
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 10. 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.