| 1 | 1 | | 84R6859 JAM-D |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 1238 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on converting certain segments or lanes |
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| 8 | 8 | | of a state highway to toll projects or managed lanes. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 224, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 224.1525 to read as follows: |
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| 12 | 12 | | Sec. 224.1525. LIMITATION ON MANAGED LANES. (a) In this |
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| 13 | 13 | | section, "managed lane" means a lane of a highway the use of which |
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| 14 | 14 | | is restricted to increase the efficiency of the highway. The term |
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| 15 | 15 | | includes exclusive lanes, high occupancy vehicle lanes, and toll |
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| 16 | 16 | | lanes. |
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| 17 | 17 | | (b) The department may not: |
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| 18 | 18 | | (1) operate an unrestricted lane of a state highway as |
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| 19 | 19 | | a managed lane, and may not transfer an unrestricted lane to another |
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| 20 | 20 | | entity for operation as a managed lane; or |
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| 21 | 21 | | (2) operate a managed lane other than a tolled lane of |
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| 22 | 22 | | a state highway as a toll lane, and may not transfer a managed lane |
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| 23 | 23 | | other than a tolled lane to another entity for operation as a toll |
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| 24 | 24 | | lane. |
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| 25 | 25 | | SECTION 2. Section 228.201, Transportation Code, is amended |
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| 26 | 26 | | to read as follows: |
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| 27 | 27 | | Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION. |
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| 28 | 28 | | [(a)] The department may not operate a nontolled state highway or a |
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| 29 | 29 | | segment of a nontolled state highway as a toll project, and may not |
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| 30 | 30 | | transfer a nontolled highway or segment to another entity for |
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| 31 | 31 | | operation as a toll project[, unless: |
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| 32 | 32 | | [(1) the commission by order designated the highway or |
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| 33 | 33 | | segment as a toll project before the contract to construct the |
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| 34 | 34 | | highway or segment was awarded; |
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| 35 | 35 | | [(2) the project was designated as a toll project in a |
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| 36 | 36 | | plan or program of a metropolitan planning organization on or |
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| 37 | 37 | | before September 1, 2005; |
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| 38 | 38 | | [(3) the highway or segment is reconstructed so that |
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| 39 | 39 | | the number of nontolled lanes on the highway or segment is greater |
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| 40 | 40 | | than or equal to the number in existence before the reconstruction; |
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| 41 | 41 | | [(4) a facility is constructed adjacent to the highway |
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| 42 | 42 | | or segment so that the number of nontolled lanes on the converted |
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| 43 | 43 | | highway or segment and the adjacent facility together is greater |
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| 44 | 44 | | than or equal to the number in existence on the converted highway or |
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| 45 | 45 | | segment before the conversion; or |
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| 46 | 46 | | [(5) subject to Subsection (b), the highway or segment |
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| 47 | 47 | | was open to traffic as a high-occupancy vehicle lane on May 1, |
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| 48 | 48 | | 2005]. |
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| 49 | 49 | | [(b) The department may operate or transfer a |
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| 50 | 50 | | high-occupancy vehicle lane under Subsection (a)(5) as a tolled |
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| 51 | 51 | | lane only if the department or other entity operating the lane |
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| 52 | 52 | | allows vehicles occupied by a specified number of passengers to use |
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| 53 | 53 | | the lane without paying a toll.] |
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| 54 | 54 | | SECTION 3. Sections 228.204 and 228.206, Transportation |
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| 55 | 55 | | Code, are repealed. |
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| 56 | 56 | | SECTION 4. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2015. |
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