| 1 | | - | By: Hall S.B. No. 1143 |
|---|
| 2 | | - | (In the Senate - Filed February 28, 2017; March 7, 2017, |
|---|
| 3 | | - | read first time and referred to Committee on Transportation; |
|---|
| 4 | | - | May 3, 2017, reported favorably by the following vote: Yeas 5, |
|---|
| 5 | | - | Nays 1; May 3, 2017, sent to printer.) |
|---|
| 6 | | - | Click here to see the committee vote |
|---|
| 1 | + | By: Hall, Taylor of Collin S.B. No. 1143 |
|---|
| 7 | 2 | | |
|---|
| 8 | 3 | | |
|---|
| 9 | 4 | | A BILL TO BE ENTITLED |
|---|
| 10 | 5 | | AN ACT |
|---|
| 11 | 6 | | relating to a prohibition on converting high occupancy vehicle |
|---|
| 12 | 7 | | highway lanes to tolled lanes. |
|---|
| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 9 | | SECTION 1. Section 228.201, Transportation Code, is amended |
|---|
| 15 | 10 | | to read as follows: |
|---|
| 16 | 11 | | Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION. |
|---|
| 17 | 12 | | [(a)] The department may not operate a nontolled state highway or |
|---|
| 18 | 13 | | a segment of a nontolled state highway as a toll project, and may |
|---|
| 19 | 14 | | not transfer a highway or segment to another entity for operation as |
|---|
| 20 | 15 | | a toll project, unless: |
|---|
| 21 | 16 | | (1) the commission by order designated the highway or |
|---|
| 22 | 17 | | segment as a toll project before the contract to construct the |
|---|
| 23 | 18 | | highway or segment was awarded; |
|---|
| 24 | 19 | | (2) the project was designated as a toll project in a |
|---|
| 25 | 20 | | plan or program of a metropolitan planning organization on or |
|---|
| 26 | 21 | | before September 1, 2005; |
|---|
| 27 | 22 | | (3) the highway or segment is reconstructed so that |
|---|
| 28 | 23 | | the number of nontolled lanes on the highway or segment is greater |
|---|
| 29 | 24 | | than or equal to the number in existence before the reconstruction; |
|---|
| 30 | 25 | | or |
|---|
| 31 | 26 | | (4) a facility is constructed adjacent to the highway |
|---|
| 32 | 27 | | or segment so that the number of nontolled lanes on the converted |
|---|
| 33 | 28 | | highway or segment and the adjacent facility together is greater |
|---|
| 34 | 29 | | than or equal to the number in existence on the converted highway or |
|---|
| 35 | 30 | | segment before the conversion[; or |
|---|
| 36 | 31 | | [(5) subject to Subsection (b), the highway or segment |
|---|
| 37 | 32 | | was open to traffic as a high-occupancy vehicle lane on May 1, |
|---|
| 38 | 33 | | 2005]. |
|---|
| 39 | 34 | | [(b) The department may operate or transfer a |
|---|
| 40 | 35 | | high-occupancy vehicle lane under Subsection (a)(5) as a tolled |
|---|
| 41 | 36 | | lane only if the department or other entity operating the lane |
|---|
| 42 | 37 | | allows vehicles occupied by a specified number of passengers to use |
|---|
| 43 | 38 | | the lane without paying a toll.] |
|---|
| 44 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 45 | 40 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 46 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 47 | 42 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 48 | 43 | | Act takes effect September 1, 2017. |
|---|