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Portion of HB 2702 that addresses converting existing highways into toll roads –
SECTION 2.36. Chapter 228, Transportation Code, is amended
by adding Subchapter E to read as follows: SUBCHAPTER E. LIMITATION ON TOLL FACILITY DETERMINATION;
CONVERSION OF NONTOLLED STATE HIGHWAY Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION.
Except as provided by Section 228.2015, the department may not
operate a nontolled state highway or a segment of a nontolled state
highway as a toll project, and may not transfer a 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 highway or segment was open to traffic as a
turnpike project on or before September 1, 2005; (3) the project was designated as a toll project in a
plan or program of a metropolitan planning organization on or
before September 1, 2005; (4) 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; (5) 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 (6) the commission converts the highway or segment to
a toll facility by: (A) making the determination required by Section
228.202; (B) conducting the hearing required by Section
228.203; and (C) obtaining county and voter approval as
required by Sections 228.207 and 228.208. Sec. 228.2015. LIMITATION TRANSITION. (a) Notwithstanding
Section 228.201, the department may operate a nontolled state
highway or a segment of a nontolled state highway as a toll project
if: (1) a construction contract was awarded for the
highway or segment before September 1, 2005; (2) the highway or segment had not at any time before
September 1, 2005, been open to traffic; and (3) the commission designated the highway or segment
as a toll project before the earlier of: (A) the date the highway or segment is opened to
traffic; or (B) September 1, 2005. (b) This section expires September 1, 2006. SECTION 2.37. Section 362.0041, Transportation Code, is
transferred to Subchapter E, Chapter 228, Transportation Code,
redesignated as Sections 228.202-228.208, and amended to read as
follows:
Sec. 228.202 [362.0041 ]. COMMISSION DETERMINATION [CONVERSION OF PROJECTS ]. The [(a) Except as provided in
Subsections (d) and (g), the ] commission may by order convert a nontolled state highway or a segment of a nontolled state highway [the free state highway system ] to a toll project [facility ] if it
determines that the conversion will improve overall mobility in the
region or is the most feasible and economic means to accomplish
necessary expansion, improvements, or extensions to that segment of
the state highway system. Sec. 228.203. PUBLIC HEARING. [(b) ] Prior to converting a state highway or a segment of a[the ] state highway [ system ] under
this subchapter [section ], the commission shall conduct a public
hearing for the purpose of receiving comments from interested
persons concerning the proposed conversion [transfer ]. Notice of
the hearing shall be published in the Texas Register, one or more
newspapers of general circulation, and a newspaper, if any,
published in the county or counties in which the involved highway is
located. Sec. 228.204. RULES. [(c) ] The commission shall adopt
rules implementing this subchapter [section ], including criteria
and guidelines for the approval of a conversion of a highway. Sec. 228.205. QUEEN ISABELLA CAUSEWAY. [(d) ] The
commission may not convert the Queen Isabella Causeway in Cameron
County to a toll project [facility ]. Sec. 228.206. TOLL REVENUE. [(e) Subchapter G, Chapter
361, applies to a highway converted to a toll facility under this
section. [(f) ] Toll revenue collected under this section:
(1) shall be deposited in the state highway fund;
(2) may be used by the department to finance the
improvement, extension, expansion, or operation of the converted
segment of highway and may not be collected except for those
purposes; and
(3) is exempt from the application of Section 403.095,
Government Code. Sec. 228.207. COUNTY AND VOTER APPROVAL. [(g) ] The
commission may only convert a state highway or a segment of a[the ]
state highway [ system ] under this subchapter [section ] if the
conversion is approved by : (1) the commissioners court of each county within
which the highway or segment is located ; and (2) the qualified voters who vote in an election under
Section 228.208 and who reside in the limits of: (A) a county if any part of the highway or segment
to be converted is located in an unincorporated area of the county;
or (B) a municipality in which the highway or
segment to be converted is wholly located .Sec. 228.208. ELECTION TO APPROVE CONVERSION. (a) If
notified by the department of the proposed conversion of a highway
or segment under this subchapter, and after approval of the
conversion by the appropriate commissioners courts as required by
Section 228.207(1), the commissioners court of each county
described by Section 228.207(2)(A) or the governing body of a
municipality described by Section 228.207(2)(B), as applicable,
shall call an election for the approval or disapproval of the
conversion. (b) If a county or municipality orders an election, the
county or municipality shall publish notice of the election in a
newspaper of general circulation published in the county or
municipality at least once each week for three consecutive weeks,
with the first publication occurring at least 21 days before the
date of the election. (c) An order or resolution ordering an election and the
election notice required by Subsection (b) must show, in addition
to the requirements of the Election Code, the location of each
polling place and the hours that the polls will be open. (d) The proposition submitted in the election must
distinctly state the highway or segment proposed to be converted
and the limits of that highway or segment. (e) At an election ordered under this section, the ballots
shall be printed to permit voting for or against the proposition:
“The conversion of (highway) from (beginning location) to (ending
location) to a toll project.” (f) A proposed conversion is approved only if it is approved
by a majority of the votes cast. (g) A notice of the election and a certified copy of the
order canvassing the election results shall be sent to the
commission.