| 1 | 1 | | 82R28263 JAM-D |
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| 2 | 2 | | By: Nichols S.B. No. 730 |
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| 3 | 3 | | (Lavender) |
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| 4 | 4 | | Substitute the following for S.B. No. 730: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the conversion of a nontolled state highway or segment |
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| 10 | 10 | | of the state highway system to a toll project. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 228.201(a), Transportation Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) The [Except as provided by Section 228.2015, the] |
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| 15 | 15 | | department may not operate a nontolled state highway or a segment of |
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| 16 | 16 | | a nontolled state highway as a toll project, and may not transfer a |
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| 17 | 17 | | nontolled highway or segment to another entity for operation as a |
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| 18 | 18 | | toll project, unless: |
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| 19 | 19 | | (1) the commission by order designated the highway or |
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| 20 | 20 | | segment as a toll project before the contract to construct the |
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| 21 | 21 | | highway or segment was awarded; |
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| 22 | 22 | | (2) [the highway or segment was open to traffic as a |
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| 23 | 23 | | turnpike project on or before September 1, 2005; |
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| 24 | 24 | | [(3) the project was designated as a toll project in a |
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| 25 | 25 | | plan or program of a metropolitan planning organization on or |
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| 26 | 26 | | before September 1, 2005; |
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| 27 | 27 | | [(4)] the highway or segment is reconstructed so that |
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| 28 | 28 | | the number of nontolled lanes on the highway or segment is greater |
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| 29 | 29 | | than or equal to the number in existence before the reconstruction; |
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| 30 | 30 | | (3) [(5)] a facility that has access, function, and |
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| 31 | 31 | | control devices similar to the converted highway or segment before |
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| 32 | 32 | | conversion is constructed adjacent to the highway or segment so |
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| 33 | 33 | | that the number of nontolled lanes on the converted highway or |
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| 34 | 34 | | segment and the adjacent facility together is greater than or equal |
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| 35 | 35 | | to the number in existence on the converted highway or segment |
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| 36 | 36 | | before the conversion; or |
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| 37 | 37 | | (4) [(6)] subject to Subsection (b), the highway or |
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| 38 | 38 | | segment was open to traffic as a high-occupancy vehicle lane on May |
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| 39 | 39 | | 1, 2005[; or |
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| 40 | 40 | | [(7) the commission converts the highway or segment to |
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| 41 | 41 | | a toll facility by: |
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| 42 | 42 | | [(A) making the determination required by |
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| 43 | 43 | | Section 228.202; |
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| 44 | 44 | | [(B) conducting the hearing required by Section |
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| 45 | 45 | | 228.203; and |
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| 46 | 46 | | [(C) obtaining county and voter approval as |
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| 47 | 47 | | required by Sections 228.207 and 228.208]. |
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| 48 | 48 | | SECTION 2. Sections 228.202, 228.203, 228.207, and 228.208, |
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| 49 | 49 | | Transportation Code, are repealed. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2011. |
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