BILL ANALYSIS Senate Research Center S.B. 220 81R1552 JAM-D By: Nichols Transportation & Homeland Security 2/27/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Current law authorizes the Texas Department of Transportation (TxDOT) to convert an existing non-tolled state highway or segment of a highway into a toll road, if the county commissioners court in which the road exists consents and the conversion is approved by the voters of the affected county or municipality. As proposed, S.B. 220 prohibits TxDOT from converting an existing free highway or highway segment to a tolled highway or tolled highway segment. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 228.201(a), Transportation Code, as follows: (a) Deletes existing text creating an exception under Section 228.2015 (relating to limitation transition, expired by its own terms September 1, 2006) Deletes existing text prohibiting the Texas Department of Transportation from operating a non-tolled state highway or a segment of a non-tolled state highway as a toll project, and from transferring a highway or segment to another entity for operation as a toll project unless the Texas Transportation Commission converts the highway or segment to a toll facility by making the determination required by Section 228.202 (Commission Determination), conducting the hearing required by Section 228.203 (Public Hearing), and obtaining county and voter approval as required by Sections 228.207 (County and Voter Approval) and 228.208 (Election to Approve Conversion). Makes nonsubstantive changes. SECTION 2. Repealer: Sections 228.207 and 228.208, Transportation Code. SECTION 3. Effective date: upon passage or September 1, 2009. BILL ANALYSIS Senate Research Center S.B. 220 81R1552 JAM-D By: Nichols Transportation & Homeland Security 2/27/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Current law authorizes the Texas Department of Transportation (TxDOT) to convert an existing non-tolled state highway or segment of a highway into a toll road, if the county commissioners court in which the road exists consents and the conversion is approved by the voters of the affected county or municipality. As proposed, S.B. 220 prohibits TxDOT from converting an existing free highway or highway segment to a tolled highway or tolled highway segment. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 228.201(a), Transportation Code, as follows: (a) Deletes existing text creating an exception under Section 228.2015 (relating to limitation transition, expired by its own terms September 1, 2006) Deletes existing text prohibiting the Texas Department of Transportation from operating a non-tolled state highway or a segment of a non-tolled state highway as a toll project, and from transferring a highway or segment to another entity for operation as a toll project unless the Texas Transportation Commission converts the highway or segment to a toll facility by making the determination required by Section 228.202 (Commission Determination), conducting the hearing required by Section 228.203 (Public Hearing), and obtaining county and voter approval as required by Sections 228.207 (County and Voter Approval) and 228.208 (Election to Approve Conversion). Makes nonsubstantive changes. SECTION 2. Repealer: Sections 228.207 and 228.208, Transportation Code. SECTION 3. Effective date: upon passage or September 1, 2009.