Texas 2009 - 81st Regular

Texas Senate Bill SB434 Compare Versions

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11 S.B. No. 434
22
33
44 AN ACT
55 relating to the establishment and operation of a public transit
66 motor-bus-only lane pilot program in certain counties.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Chapter 455, Transportation Code, is amended by
99 adding Section 455.006 to read as follows:
1010 Sec. 455.006. PUBLIC TRANSIT MOTOR-BUS-ONLY LANE PILOT
1111 PROGRAM. (a) The department, in consultation with the Department
1212 of Public Safety and in conjunction with the appropriate mass
1313 transit authorities and the municipalities served by those
1414 authorities and with any municipality that has a mass transit
1515 department, shall establish and operate a public transit
1616 motor-bus-only lane pilot program for highways in Bexar, Denton, El
1717 Paso, and Travis Counties that are part of the state highway system
1818 and have shoulders of sufficient width and structural integrity.
1919 (b) The public transit motor-bus-only lane pilot program
2020 shall:
2121 (1) provide for the use by public transit motor buses
2222 of highway shoulders as a low-speed bypass of congested highway
2323 lanes when the speed of vehicles being operated on the main traveled
2424 part of the adjacent highways is 35 miles per hour or less;
2525 (2) limit the maximum speed of a public transit motor
2626 bus being operated on a public transit motor-bus-only lane to not
2727 more than 15 miles per hour greater than the speed of vehicles being
2828 operated on the main traveled part of the adjacent highway;
2929 (3) gain local operational experience with the
3030 conversion of existing highway shoulders to public transit
3131 motor-bus-only lanes during peak traffic periods;
3232 (4) take into consideration the following:
3333 (A) safety;
3434 (B) travel time and reliability;
3535 (C) driver and passenger perceptions;
3636 (D) level of service and maintenance; and
3737 (E) capital improvements; and
3838 (5) be limited only to public transit motor buses
3939 operated by the mass transit authorities or municipal mass transit
4040 departments in the counties specified by Subsection (a).
4141 (c) The department shall initiate the public transit
4242 motor-bus-only lane pilot program as soon as practicable but not
4343 later than December 31, 2009.
4444 (d) Notwithstanding Subsection (a), the department may not
4545 establish or operate a public transit motor-bus-only lane on a
4646 highway or toll facility maintained by a regional tollway authority
4747 established under Chapter 366 without the authority's consent.
4848 SECTION 2. Section 542.002, Transportation Code, is amended
4949 to read as follows:
5050 Sec. 542.002. GOVERNMENT VEHICLES. A provision of this
5151 subtitle applicable to an operator of a vehicle applies to the
5252 operator of a vehicle owned or operated by the United States, this
5353 state, or a political subdivision of this state, except as
5454 specifically provided otherwise by this subtitle [for an authorized
5555 emergency vehicle].
5656 SECTION 3. Subsection (c), Section 545.058, Transportation
5757 Code, is amended to read as follows:
5858 (c) A limitation in this section on driving on an improved
5959 shoulder does not apply to:
6060 (1) an authorized emergency vehicle responding to a
6161 call;
6262 (2) a police patrol; [or]
6363 (3) a bicycle; or
6464 (4) a public transit motor bus of a transportation
6565 entity described by Section 455.006 operating on a shoulder
6666 designated by the Texas Department of Transportation under that
6767 section.
6868 SECTION 4. Section 545.352, Transportation Code, is amended
6969 by adding Subsection (c-1) to read as follows:
7070 (c-1) The maximum speed limit for a public transit motor bus
7171 of a transportation entity described by Section 455.006 that is
7272 operating on the shoulder of a highway designated as a public
7373 transit motor-bus-only lane by the Texas Department of
7474 Transportation under that section is 35 miles per hour.
7575 SECTION 5. This Act takes effect immediately if it receives
7676 a vote of two-thirds of all the members elected to each house, as
7777 provided by Section 39, Article III, Texas Constitution. If this
7878 Act does not receive the vote necessary for immediate effect, this
7979 Act takes effect September 1, 2009.
8080 ______________________________ ______________________________
8181 President of the Senate Speaker of the House
8282 I hereby certify that S.B. No. 434 passed the Senate on
8383 March 19, 2009, by the following vote: Yeas 29, Nays 0;
8484 May 18, 2009, Senate refused to concur in House amendment and
8585 requested appointment of Conference Committee; May 20, 2009, House
8686 granted request of the Senate; May 31, 2009, Senate adopted
8787 Conference Committee Report by the following vote: Yeas 31,
8888 Nays 0.
8989 ______________________________
9090 Secretary of the Senate
9191 I hereby certify that S.B. No. 434 passed the House, with
9292 amendment, on May 12, 2009, by the following vote: Yeas 149,
9393 Nays 0, one present not voting; May 20, 2009, House granted request
9494 of the Senate for appointment of Conference Committee;
9595 May 23, 2009, House adopted Conference Committee Report by the
9696 following vote: Yeas 141, Nays 0, three present not voting.
9797 ______________________________
9898 Chief Clerk of the House
9999 Approved:
100100 ______________________________
101101 Date
102102 ______________________________
103103 Governor