Texas 2017 - 85th Regular

Texas House Bill HB1311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R392 JAM-D
2	2	By: Sanford H.B. No. 1311
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on converting state highway lanes to
8	8	tolled or other types of managed lanes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 224.151(9), Transportation Code, is
11	11	amended to read as follows:
12	12	(9) "Restricted lane" or "managed lane" means a lane
13	13	whose use or access is restricted to increase the efficiency of the
14	14	highway. The term includes:
15	15	(A) a high occupancy vehicle lane;
16	16	(B) a toll lane under Section 228.007; and
17	17	(C) an exclusive lane.
18	18	SECTION 2. Subchapter F, Chapter 224, Transportation Code,
19	19	is amended by adding Section 224.1525 to read as follows:
20	20	Sec. 224.1525. LIMITATION ON MANAGED LANES. The department
21	21	may not operate an unrestricted lane of a state highway as a managed
22	22	lane, and may not transfer an unrestricted lane to another entity
23	23	for operation as a managed lane.
24	24	SECTION 3. Section 224.1541(a), Transportation Code, is
25	25	amended to read as follows:
26	26	(a) Subject to Section 224.1525, the [The] commission by
27	27	order may designate and the department may finance, design,
28	28	construct, operate, or maintain one or more lanes of a state highway
29	29	facility as exclusive lanes.
30	30	SECTION 4. The heading to Subchapter E, Chapter 228,
31	31	Transportation Code, is amended to read as follows:
32	32	SUBCHAPTER E. [LIMITATION ON TOLL FACILITY DETERMINATION;]
33	33	CONVERSION OF NONTOLLED STATE HIGHWAY
34	34	SECTION 5. Section 228.201, Transportation Code, is amended
35	35	to read as follows:
36	36	Sec. 228.201. PROHIBITION ON CONVERSION OF NONTOLLED STATE
37	37	HIGHWAY [LIMITATION ON TOLL FACILITY DESIGNATION]. [(a)] The
38	38	department may not operate all or part of a nontolled state highway,
39	39	including a nontolled exclusive lane, high-occupancy vehicle lane,
40	40	or other restricted or managed lane [or a segment of a nontolled
41	41	state highway] as a toll project, and may not transfer all or part
42	42	of a nontolled highway [or segment] to another entity for operation
43	43	as a toll project[, unless:
44	44	[(1) the commission by order designated the highway or
45	45	segment as a toll project before the contract to construct the
46	46	highway or segment was awarded;
47	47	[(2) the project was designated as a toll project in a
48	48	plan or program of a metropolitan planning organization on or
49	49	before September 1, 2005;
50	50	[(3) the highway or segment is reconstructed so that
51	51	the number of nontolled lanes on the highway or segment is greater
52	52	than or equal to the number in existence before the reconstruction;
53	53	[(4) a facility is constructed adjacent to the highway
54	54	or segment so that the number of nontolled lanes on the converted
55	55	highway or segment and the adjacent facility together is greater
56	56	than or equal to the number in existence on the converted highway or
57	57	segment before the conversion; or
58	58	[(5) subject to Subsection (b), the highway or segment
59	59	was open to traffic as a high-occupancy vehicle lane on May 1,
60	60	2005].
61	61	[(b) The department may operate or transfer a
62	62	high-occupancy vehicle lane under Subsection (a)(5) as a tolled
63	63	lane only if the department or other entity operating the lane
64	64	allows vehicles occupied by a specified number of passengers to use
65	65	the lane without paying a toll.]
66	66	SECTION 6. Sections 228.204 and 228.206, Transportation
67	67	Code, are repealed.
68	68	SECTION 7. This Act takes effect immediately if it receives
69	69	a vote of two-thirds of all the members elected to each house, as
70	70	provided by Section 39, Article III, Texas Constitution. If this
71	71	Act does not receive the vote necessary for immediate effect, this
72	72	Act takes effect September 1, 2017.