Texas 2009 - 81st Regular

Texas House Bill HB3016 Compare Versions

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

Old	New	Differences
1	1	81R10111 JTS-D
2	2	By: Coleman H.B. No. 3016
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition against the conversion of a free segment
8	8	of the state highway system to a toll project.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 222.1045(b) and (e), Transportation
11	11	Code, as added by Chapter 281 (H.B. 2702), Acts of the 79th
12	12	Legislature, Regular Session, 2005, are amended to read as follows:
13	13	(b) A public entity may contract with a private entity to
14	14	act as the public entity's agent in[:
15	15	[(1)] the design, financing, maintenance, operation,
16	16	or construction, including oversight and inspection, of a toll or
17	17	nontoll facility under Section 222.104(b)[; or
18	18	[(2) the maintenance of a state highway or a portion of
19	19	a state highway subject to an agreement under Section
20	20	222.104(d)(1)].
21	21	(e) A public entity may assign the public entity's right to
22	22	payment of pass-through tolls under Section 222.104(b) [or (d)(1)]
23	23	to the private entity.
24	24	SECTION 2. Section 228.007(a), Transportation Code, is
25	25	amended to read as follows:
26	26	(a) Subject to Section 228.013 [228.201], the commission
27	27	may by order authorize the department to charge a toll for the use
28	28	of one or more lanes of a state highway, including a high occupancy
29	29	vehicle lane designated under Section 224.153 or an exclusive lane
30	30	designated under Section 224.1541.
31	31	SECTION 3. Subchapter A, Chapter 228, Transportation Code,
32	32	is amended by adding Section 228.013 to read as follows:
33	33	Sec. 228.013. PROHIBITION AGAINST CONVERSION OF NONTOLLED
34	34	SEGMENT OF STATE HIGHWAY SYSTEM. (a) The department may not:
35	35	(1) convert any portion of a nontolled segment of the
36	36	state highway system to a toll project; or
37	37	(2) transfer any portion of a nontolled segment of the
38	38	state highway system to another entity for operation as a toll
39	39	project.
40	40	(b) For the purposes of this section, a segment of the state
41	41	highway system is a nontolled segment if, at the time the department
42	42	awards the contract for the construction of the segment, the
43	43	segment is not designated as a toll project.
44	44	SECTION 4. Section 228.051, Transportation Code, is amended
45	45	to read as follows:
46	46	Sec. 228.051. DESIGNATION. Subject to Section 228.013
47	47	[228.201], the commission by order may designate one or more lanes
48	48	of a proposed segment of the state highway system as a toll project
49	49	or system.
50	50	SECTION 5. Section 228.151(a), Transportation Code, is
51	51	amended to read as follows:
52	52	(a) The department may lease, sell, or transfer in another
53	53	manner a toll project or system[, including a nontolled state
54	54	highway or a segment of a nontolled state highway converted to a
55	55	toll project under Subchapter E,] to a governmental entity that has
56	56	the authority to operate a tolled highway or a local government
57	57	corporation created under Chapter 431.
58	58	SECTION 6. Section 366.169(c), Transportation Code, is
59	59	amended to read as follows:
60	60	(c) Except as provided by Section 228.013 [228.201], the
61	61	state or a local governmental entity may convey, grant, or lease to
62	62	an authority real property, including [highways and other] real
63	63	property already devoted to public use and rights or easements in
64	64	real property, that may be necessary or convenient to accomplish
65	65	the authority's purposes, including the construction or operation
66	66	of a turnpike project. A conveyance, grant, or lease under this
67	67	section may be made without advertising, court order, or other
68	68	action other than the normal action of the state or local
69	69	governmental entity necessary for a conveyance, grant, or lease.
70	70	SECTION 7. Section 370.168(c), Transportation Code, is
71	71	amended to read as follows:
72	72	(c) Except as provided by Section 228.013 [228.201], this
73	73	state or a local government may convey, grant, or lease to an
74	74	authority real property, including [highways and other] real
75	75	property devoted to public use and rights or easements in real
76	76	property, that may be necessary or convenient to accomplish a
77	77	purpose of the authority, including the construction or operation
78	78	of a transportation project. A conveyance, grant, or lease under
79	79	this section may be made without advertising, court order, or other
80	80	action other than the normal action of this state or local
81	81	government necessary for a conveyance, grant, or lease.
82	82	SECTION 8. The following provisions are repealed:
83	83	(1) Section 222.104(d), Transportation Code;
84	84	(2) Sections 222.1045(b) and (e), Transportation
85	85	Code, as added by Chapter 994 (H.B. 2139), Acts of the 79th
86	86	Legislature, Regular Session, 2005; and
87	87	(3) Subchapter E, Chapter 228, Transportation Code.
88	88	SECTION 9. The change in law made by this Act applies only
89	89	to a contract for the conversion of a free segment of the state
90	90	highway system to a toll project entered into on or after the
91	91	effective date of this Act. A contract for the conversion of a free
92	92	segment of the state highway system to a toll project entered into
93	93	before the effective date of this Act is governed by the law in
94	94	effect immediately before that date, and that law is continued in
95	95	effect for that purpose.
96	96	SECTION 10. This Act takes effect immediately if it
97	97	receives a vote of two-thirds of all the members elected to each
98	98	house, as provided by Section 39, Article III, Texas Constitution.
99	99	If this Act does not receive the vote necessary for immediate
100	100	effect, this Act takes effect September 1, 2009.