2005 Texas Transportation Code CHAPTER 362. TURNPIKES AND TOLL PROJECTS

TRANSPORTATION CODE

CHAPTER 362. TURNPIKES AND TOLL PROJECTS

SUBCHAPTER B. COMMISSION APPROVAL OF TOLL PROJECTS


	§ 362.051. COMMISSION APPROVAL OF TOLL PROJECT 
REQUIRED.  (a) Except as provided by Section 362.055, a 
governmental or private entity must obtain the commission's 
approval before beginning construction of a toll road, toll bridge, 
or turnpike that is to be a part of the state highway system.
	(b)  In deciding whether to approve a proposed toll road, 
toll bridge, or turnpike, the commission shall consider:
		(1)  the feasibility of effectively integrating the 
toll road, toll bridge, or turnpike into the state highway system;  
and
		(2)  the ability of the department to construct any 
connecting roads necessary for the toll road, toll bridge, or 
turnpike to produce sufficient revenue to pay the debt incurred for 
its construction.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 362.054. BONDS NOT CONSIDERED OBLIGATIONS OF 
STATE.  Bonds or other debt obligations of a political subdivision 
reviewed under this subchapter are obligations of the issuing 
entity and are not obligations of the state.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 362.055. EXCEPTION.  This subchapter does not apply to:                   
		(1)  a county that has a population of more than 1.5 
million;               
		(2)  a local government corporation created under 
Chapter 431 by a county that has a population of more than 1.5 
million;  or
		(3)  a regional tollway authority created under Chapter 
366.                

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1171, § 7.02, eff. Sept. 1, 1997.

SUBCHAPTER C. PRIVATE TURNPIKES AND TOLL PROJECTS


	§ 362.101. DEFINITION.  In this subchapter, "turnpike or 
toll project" means a road, highway, bridge, ferry, or similar 
project that is financed in whole or in part through the issuance of 
revenue bonds payable from toll revenue collected from users.  The 
term does not include a project constructed, operated, maintained, 
or financed:
		(1)  under Chapter 361;  or                                                   
		(2)  by a toll road authority created by a county.                            

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 362.102. COMMISSION APPROVAL OF PRIVATE TURNPIKE OR 
TOLL PROJECT REQUIRED.  Notwithstanding any other provision of 
law, a private entity may not construct a privately owned turnpike 
or toll project that connects to a road, bridge, or highway in the 
state highway system unless the commission approves the private 
turnpike or toll project as provided by this subchapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 362.103. RULES.  The commission shall adopt procedural 
and substantive rules relating to approval of a project under this 
subchapter, including rules requiring consideration of:
		(1)  the integration of the project into the state 
highway system embodied in the existing regional transportation 
plan, including the plan developed by the metropolitan planning 
organization, if any, of a municipality the territory or 
extraterritorial jurisdiction in which the project is proposed to 
be located;
		(2)  the potential effect of the project on the economy 
of the region in which the project is located, including the economy 
of each county in which the project is located and the economy of 
each municipality in those counties;  and
		(3)  the potential effect of the project on the free 
flow of trade between the United Mexican States and this state, if 
the project is located in whole or in part in:
			(A)  a county bordering the United Mexican States;  
or                     
			(B)  a county adjacent to a county described by 
Paragraph (A).             

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 362.104. FEASIBILITY, ALIGNMENT, AND ENVIRONMENTAL 
STUDIES.  A private entity shall conduct studies concerning the 
feasibility, route or alignment, and environmental effect of a 
proposed turnpike or toll project before requesting approval under 
this subchapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS


	§ 362.901. FREE USE OF TOLL PROJECT BY MILITARY 
VEHICLES.  (a) The commission and the governing body of each local 
governmental entity or private entity that operates a toll project 
shall adopt rules to allow a military vehicle to use toll projects 
without payment of a toll or fare.
	(b)  A rule adopted under this section must:                                   
		(1)  allow a convoy of military vehicles of this state, 
another state, or the United States to use the toll project without 
payment of a toll or fare;  and
		(2)  allow individual military vehicles to use the toll 
project without payment of a toll or fare, to the greatest extent 
practicable, considering the technological and personnel 
limitations of operating the toll project.
	(c)  A person who claims a privilege under a rule adopted 
under this section to which the person is not entitled commits an 
offense.  An offense under this subsection is a Class C misdemeanor.
	(d)  In this section, "toll project" includes a toll road, 
toll highway, turnpike, toll bridge, ferry, or similar project, 
users of which are required to pay a toll or fare.

Added by Acts 2003, 78th Leg., ch. 157, § 1, eff. Sept. 1, 2003.           


	§ 362.902. INCLUSION OF TOLL PROJECTS IN UNIFIED 
TRANSPORTATION PROGRAM.  The department shall adopt and include in 
the unified transportation program of the department a list of 
transportation projects in each department district that the 
department considers to be eligible and feasible for tolling.  A 
transportation project that is included in the list is not required 
to be operated as a toll project.

Added by Acts 2005, 79th Leg., ch. 534, § 1, eff. Sept. 1, 2005.