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Amend CSHB 3588 by adding the following appropriately
numbered ARTICLE to the bill and renumbering subsequent ARTICLES
appropriately:
ARTICLE ____. CONVERSION OF NONTOLL STATE HIGHWAY
SECTION ____.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. (a)
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 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;
(2) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(3) the county agrees to assume all liability and
responsibility for the maintenance and operation of the conveyed
highway on its conveyance.
(b) 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.
(c) 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.
(d) The commission may waive all or a portion of an amount
due under Subsection (a)(2) 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.
(e) 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.
(f) A county may use toll revenue collected under this
section to fund a transportation project or an air quality project.
(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.
(i) In this section:
(1) "Air quality project" means a project or program
of a county or another governmental entity that the county
determines will mitigate or prevent air pollution caused by the
construction, maintenance, or use of public roads within the
county.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of a county or another
governmental entity;
(B) located inside or outside the county; and
(C) that the county determines will improve
mobility within the county.
SECTION ____.02. Section 362.0041, Transportation Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsections (e)-(h) 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 or to another 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 [turnpike project].
(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 for any function
performed by the department or to fund an air quality project; and
(3) is exempt from the application of Section 403.095,
Government Code.
(g) The commission may not convert a segment of the state
highway system under this section unless it obtains the approval of
the metropolitan planning organization within whose boundaries the
segment is located.
(h) In this section, "air quality project" means a project
or program of the department or another governmental entity that
the commission determines will mitigate or prevent air pollution
caused by the construction, maintenance, or use of public roads.
SECTION ____.03. Section 366.035, Transportation Code, is
amended to read as follows:
Sec. 366.035. CONVEYANCE [CONVERSION] OF STATE HIGHWAY
[SYSTEM PROJECTS]. (a) 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 an
authority for operation and maintenance as a turnpike project under
this chapter if:
(1) the commission determines that the proposed
conveyance will improve overall mobility in the region or is the
most feasible and economic means to accomplish necessary
improvements to the highway;
(2) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(3) the authority agrees to assume all liability and
responsibility for the maintenance and operation of the conveyed
highway on its conveyance.
(b) [Except as provided under Subsection (g), if the
commission determines that the most feasible and economic means to
accomplish necessary expansion, improvements, or extensions to the
state highway system is the conversion to a turnpike project of a
segment of the free state highway system, any segment located in a
county of an authority or a county in which an authority operates a
turnpike project or in any county adjacent to those counties may, on
approval of the governor and the affected authority, be transferred
by order of the commission to that authority.] An authority that
receives the segment or [of] highway may own, operate, and maintain
the segment or highway as a turnpike project or system or a part of a
turnpike project or system under this chapter.
(c) The commission may waive all or a portion of an amount
due under Subsection (a)(2) 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.
(d) [(b) An authority shall reimburse the commission for
the cost of a transferred highway, unless the commission determines
that the transfer will result in substantial net benefits to the
state, the department, and the traveling public that exceed that
cost. The cost includes the total amount expended by the department
for the original construction of the highway, including all costs
associated with the preliminary engineering and design engineering
for plans, specifications, and estimates, the acquisition of
necessary rights-of-way, and actual construction of the highway and
all necessary appurtenant facilities. Costs anticipated to be
expended to expand, improve, or extend the highway shall be
deducted from the costs to be reimbursed to the commission.
[(c)] The commission shall, at the time of a conveyance
[transfer], remove the segment or [of] highway from the state
highway system. After a conveyance, [transfer] the commission has
no liability, responsibility, or duty for the maintenance or
operation of the segment or highway.
(e) [(d)] Before conveying [transferring] a segment or [of
the state] highway [system] under this section, the commission
shall conduct a public hearing to receive comments from interested
persons concerning the proposed conveyance [transfer]. Notice of
the hearing must be published in the Texas Register, one or more
newspapers of general circulation in the counties in which the
segment or highway is located, and a newspaper, if any, published in
the counties of the applicable authority.
(f) An authority may use toll revenue collected under this
section to fund a transportation project or an air quality project.
(g) [(e)] The commission shall adopt rules implementing
this section. The rules shall include criteria and guidelines for
the approval of a conveyance [transfer] of a highway.
(h) [(f)] An authority shall adopt rules providing criteria
and guidelines for approving the acceptance of a highway under this
section.
(i) [(g)] The commission may not transfer the Queen
Isabella Causeway in Cameron County to an authority under this
section.
(j) 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.
(k) In this section:
(1) "Air quality project" means a project or program
of an authority or another governmental entity that the authority
determines will mitigate or prevent air pollution caused by the
construction, maintenance, or use of public roads within the
counties of the authority.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of an authority or
another governmental entity;
(B) located inside or outside the counties of the
authority; and
(C) that the authority determines will improve
mobility within the counties of the authority.