House Bill 3588
7. CONVERSION OF NONTOLL STATE HIGHWAY
TABLE OF CONTENTS
Art. 1. Trans-Texas Corridor -
Art. 2. Regional Mobility
Authorities - Art. 3. Advance Acquisition of Property
Rail Facilities -
Art. 5. Issuance of Bonds and Other Public Securities -
Pass-Through Tolls - Art. 7.
Conversion of Nontoll State Highway -
Commercial Driver's Licenses -
Motor Vehicle Sales Tax -
Driver Responsibility -
Disposition of Department of Public Safety Fees -
Additional Court Costs -
Statewide Coordination of Public Transportation -
Conditional Grant Program -
Texas Turnpike Authority -
Commercial Motor Vehicle Safety Standards -
Nonrepairable and Salvage Motor Vehicles; Salvage Vehicle Dealers -
Funding of Port Security, Projects, and Studies -
Miscellaneous Provisions -
General Provisions; Effective Date
ARTICLE 7. CONVERSION OF NONTOLL STATE HIGHWAY
SECTION 7.01. Subchapter A, Chapter 284, Transportation Code, is amended by adding Section 284.009 to read as follows:
Sec. 284.009. CONVEYANCE OF STATE HIGHWAY TO COUNTY.
The commission may convey a nontoll state highway or a segment of a nontoll state highway, including real property acquired to construct or operate the highway, to a county for operation and maintenance as a project under this chapter if:
(1) the proposed conveyance is approved by the commissioners court of each county within which the highway is located;
(2) the commission determines that the proposed conveyance will improve overall mobility in the region or is the most feasible and economic means of accomplishing necessary improvements to the highway;
(3) any funds paid by the department for the construction, maintenance, and operation of the conveyed highway are repaid to the department; and
(4) the county agrees to assume all liability and responsibility for the maintenance and operation of the conveyed highway on its conveyance.
(b) The commission may only make a conveyance under this section if the commission determines that the conveyance is the most feasible and economic means to accomplish necessary expansions, extensions, or improvements of the conveyed segment of the highway. Tolls may not be collected by an authority from a conveyed segment of highway except to finance the expansion, extension, operation, and maintenance of that highway segment.
(c) A county that receives a nontoll state highway or a segment of a nontoll state highway under Subsection (a) may own, operate, and maintain the highway as a pooled project under Section 284.065.
(d) The commission shall, at the time of a conveyance, remove the highway or segment of highway from the state highway system. After a conveyance, the department has no liability, responsibility, or duty for the maintenance or operation of the highway or segment.
(e) The commission may waive all or a portion of an amount due under Subsection (a)(3) if it finds that the conveyance will result in substantial net benefits to the state, the department, and the traveling public that equal or exceed the amount of payment waived.
(f) Before conveying a nontoll state highway or a segment of a nontoll state highway under this section, the commission shall conduct a public hearing to receive comments from interested persons concerning the proposed conveyance. Notice of the hearing shall be published in the Texas Register and in one or more newspapers of general circulation in any county in which the highway or segment is located.
(g) The commission shall adopt rules implementing this section, including criteria and guidelines for approval of a conveyance of a highway or segment.
(h) Funds received by the department under this section:
(1) shall be deposited to the credit of the state highway fund; and
(2) are exempt from the application of Section 403.095, Government Code.
SECTION 7.02. Section 362.0041, Transportation Code, is amended by amending Subsections (a), (c), and (d) and adding Subsections (e)-(g) to read as follows:
(a) Except as provided in Subsections [
Subsection] (d) and (g), [ if] the commission may by order convert [ finds that the conversion of] a segment of the free state highway system to a toll 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[ , that segment may be converted by order of the commission to a turnpike project under Chapter 361].
(c) The commission shall adopt rules implementing this section, including [
such rules to include] criteria and guidelines for the approval of a conversion of a highway.
(d) The commission may not convert the Queen Isabella Causeway in Cameron County to a toll facility [
(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.
(g) The commission may only convert a segment of the state highway system under this section if the conversion is approved by the commissioners court of each county within which the segment is located.