85R392 JAM-D
By: Sanford H.B. No. 1311
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on converting state highway lanes to
tolled or other types of managed lanes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 224.151(9), Transportation Code, is
amended to read as follows:
(9) "Restricted lane" or "managed lane" means a lane
whose use or access is restricted to increase the efficiency of the
highway. The term includes:
(A) a high occupancy vehicle lane;
(B) a toll lane under Section 228.007; and
(C) an exclusive lane.
SECTION 2. Subchapter F, Chapter 224, Transportation Code,
is amended by adding Section 224.1525 to read as follows:
Sec. 224.1525. LIMITATION ON MANAGED LANES. The department
may not operate an unrestricted lane of a state highway as a managed
lane, and may not transfer an unrestricted lane to another entity
for operation as a managed lane.
SECTION 3. Section 224.1541(a), Transportation Code, is
amended to read as follows:
(a) Subject to Section 224.1525, the [The] commission by
order may designate and the department may finance, design,
construct, operate, or maintain one or more lanes of a state highway
facility as exclusive lanes.
SECTION 4. The heading to Subchapter E, Chapter 228,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. [LIMITATION ON TOLL FACILITY DETERMINATION;]
CONVERSION OF NONTOLLED STATE HIGHWAY
SECTION 5. Section 228.201, Transportation Code, is amended
to read as follows:
Sec. 228.201. PROHIBITION ON CONVERSION OF NONTOLLED STATE
HIGHWAY [LIMITATION ON TOLL FACILITY DESIGNATION]. [(a)] The
department may not operate all or part of a nontolled state highway,
including a nontolled exclusive lane, high-occupancy vehicle lane,
or other restricted or managed lane [or a segment of a nontolled
state highway] as a toll project, and may not transfer all or part
of a nontolled highway [or segment] to another entity for operation
as a toll project[, unless:
[(1) the commission by order designated the highway or
segment as a toll project before the contract to construct the
highway or segment was awarded;
[(2) the project was designated as a toll project in a
plan or program of a metropolitan planning organization on or
before September 1, 2005;
[(3) the highway or segment is reconstructed so that
the number of nontolled lanes on the highway or segment is greater
than or equal to the number in existence before the reconstruction;
[(4) a facility is constructed adjacent to the highway
or segment so that the number of nontolled lanes on the converted
highway or segment and the adjacent facility together is greater
than or equal to the number in existence on the converted highway or
segment before the conversion; or
[(5) subject to Subsection (b), the highway or segment
was open to traffic as a high-occupancy vehicle lane on May 1,
2005].
[(b) The department may operate or transfer a
high-occupancy vehicle lane under Subsection (a)(5) as a tolled
lane only if the department or other entity operating the lane
allows vehicles occupied by a specified number of passengers to use
the lane without paying a toll.]
SECTION 6. Sections 228.204 and 228.206, Transportation
Code, are repealed.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.