1 | 1 | | S.B. No. 434 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the establishment and operation of a public transit |
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6 | 6 | | motor-bus-only lane pilot program in certain counties. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Chapter 455, Transportation Code, is amended by |
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9 | 9 | | adding Section 455.006 to read as follows: |
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10 | 10 | | Sec. 455.006. PUBLIC TRANSIT MOTOR-BUS-ONLY LANE PILOT |
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11 | 11 | | PROGRAM. (a) The department, in consultation with the Department |
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12 | 12 | | of Public Safety and in conjunction with the appropriate mass |
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13 | 13 | | transit authorities and the municipalities served by those |
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14 | 14 | | authorities and with any municipality that has a mass transit |
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15 | 15 | | department, shall establish and operate a public transit |
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16 | 16 | | motor-bus-only lane pilot program for highways in Bexar, Denton, El |
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17 | 17 | | Paso, and Travis Counties that are part of the state highway system |
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18 | 18 | | and have shoulders of sufficient width and structural integrity. |
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19 | 19 | | (b) The public transit motor-bus-only lane pilot program |
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20 | 20 | | shall: |
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21 | 21 | | (1) provide for the use by public transit motor buses |
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22 | 22 | | of highway shoulders as a low-speed bypass of congested highway |
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23 | 23 | | lanes when the speed of vehicles being operated on the main traveled |
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24 | 24 | | part of the adjacent highways is 35 miles per hour or less; |
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25 | 25 | | (2) limit the maximum speed of a public transit motor |
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26 | 26 | | bus being operated on a public transit motor-bus-only lane to not |
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27 | 27 | | more than 15 miles per hour greater than the speed of vehicles being |
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28 | 28 | | operated on the main traveled part of the adjacent highway; |
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29 | 29 | | (3) gain local operational experience with the |
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30 | 30 | | conversion of existing highway shoulders to public transit |
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31 | 31 | | motor-bus-only lanes during peak traffic periods; |
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32 | 32 | | (4) take into consideration the following: |
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33 | 33 | | (A) safety; |
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34 | 34 | | (B) travel time and reliability; |
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35 | 35 | | (C) driver and passenger perceptions; |
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36 | 36 | | (D) level of service and maintenance; and |
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37 | 37 | | (E) capital improvements; and |
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38 | 38 | | (5) be limited only to public transit motor buses |
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39 | 39 | | operated by the mass transit authorities or municipal mass transit |
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40 | 40 | | departments in the counties specified by Subsection (a). |
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41 | 41 | | (c) The department shall initiate the public transit |
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42 | 42 | | motor-bus-only lane pilot program as soon as practicable but not |
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43 | 43 | | later than December 31, 2009. |
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44 | 44 | | (d) Notwithstanding Subsection (a), the department may not |
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45 | 45 | | establish or operate a public transit motor-bus-only lane on a |
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46 | 46 | | highway or toll facility maintained by a regional tollway authority |
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47 | 47 | | established under Chapter 366 without the authority's consent. |
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48 | 48 | | SECTION 2. Section 542.002, Transportation Code, is amended |
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49 | 49 | | to read as follows: |
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50 | 50 | | Sec. 542.002. GOVERNMENT VEHICLES. A provision of this |
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51 | 51 | | subtitle applicable to an operator of a vehicle applies to the |
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52 | 52 | | operator of a vehicle owned or operated by the United States, this |
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53 | 53 | | state, or a political subdivision of this state, except as |
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54 | 54 | | specifically provided otherwise by this subtitle [for an authorized |
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55 | 55 | | emergency vehicle]. |
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56 | 56 | | SECTION 3. Subsection (c), Section 545.058, Transportation |
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57 | 57 | | Code, is amended to read as follows: |
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58 | 58 | | (c) A limitation in this section on driving on an improved |
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59 | 59 | | shoulder does not apply to: |
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60 | 60 | | (1) an authorized emergency vehicle responding to a |
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61 | 61 | | call; |
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62 | 62 | | (2) a police patrol; [or] |
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63 | 63 | | (3) a bicycle; or |
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64 | 64 | | (4) a public transit motor bus of a transportation |
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65 | 65 | | entity described by Section 455.006 operating on a shoulder |
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66 | 66 | | designated by the Texas Department of Transportation under that |
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67 | 67 | | section. |
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68 | 68 | | SECTION 4. Section 545.352, Transportation Code, is amended |
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69 | 69 | | by adding Subsection (c-1) to read as follows: |
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70 | 70 | | (c-1) The maximum speed limit for a public transit motor bus |
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71 | 71 | | of a transportation entity described by Section 455.006 that is |
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72 | 72 | | operating on the shoulder of a highway designated as a public |
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73 | 73 | | transit motor-bus-only lane by the Texas Department of |
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74 | 74 | | Transportation under that section is 35 miles per hour. |
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75 | 75 | | SECTION 5. This Act takes effect immediately if it receives |
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76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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79 | 79 | | Act takes effect September 1, 2009. |
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80 | 80 | | ______________________________ ______________________________ |
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81 | 81 | | President of the Senate Speaker of the House |
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82 | 82 | | I hereby certify that S.B. No. 434 passed the Senate on |
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83 | 83 | | March 19, 2009, by the following vote: Yeas 29, Nays 0; |
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84 | 84 | | May 18, 2009, Senate refused to concur in House amendment and |
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85 | 85 | | requested appointment of Conference Committee; May 20, 2009, House |
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86 | 86 | | granted request of the Senate; May 31, 2009, Senate adopted |
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87 | 87 | | Conference Committee Report by the following vote: Yeas 31, |
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88 | 88 | | Nays 0. |
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89 | 89 | | ______________________________ |
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90 | 90 | | Secretary of the Senate |
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91 | 91 | | I hereby certify that S.B. No. 434 passed the House, with |
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92 | 92 | | amendment, on May 12, 2009, by the following vote: Yeas 149, |
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93 | 93 | | Nays 0, one present not voting; May 20, 2009, House granted request |
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94 | 94 | | of the Senate for appointment of Conference Committee; |
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95 | 95 | | May 23, 2009, House adopted Conference Committee Report by the |
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96 | 96 | | following vote: Yeas 141, Nays 0, three present not voting. |
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97 | 97 | | ______________________________ |
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98 | 98 | | Chief Clerk of the House |
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99 | 99 | | Approved: |
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100 | 100 | | ______________________________ |
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101 | 101 | | Date |
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102 | 102 | | ______________________________ |
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103 | 103 | | Governor |
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