State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-362-turnpikes-and-toll-projects

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE G. TURNPIKES AND TOLL PROJECTS

CHAPTER 362. TURNPIKES AND TOLL PROJECTS

SUBCHAPTER A. JOINT TURNPIKE PROJECTS

SUBCHAPTER B. COMMISSION APPROVAL OF TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.02, eff. Sept.

1, 1997.

SUBCHAPTER C. PRIVATE TURNPIKES AND TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. September 1, 2005.

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-362-turnpikes-and-toll-projects

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE G. TURNPIKES AND TOLL PROJECTS

CHAPTER 362. TURNPIKES AND TOLL PROJECTS

SUBCHAPTER A. JOINT TURNPIKE PROJECTS

SUBCHAPTER B. COMMISSION APPROVAL OF TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.02, eff. Sept.

1, 1997.

SUBCHAPTER C. PRIVATE TURNPIKES AND TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. September 1, 2005.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-362-turnpikes-and-toll-projects

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE G. TURNPIKES AND TOLL PROJECTS

CHAPTER 362. TURNPIKES AND TOLL PROJECTS

SUBCHAPTER A. JOINT TURNPIKE PROJECTS

SUBCHAPTER B. COMMISSION APPROVAL OF TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.02, eff. Sept.

1, 1997.

SUBCHAPTER C. PRIVATE TURNPIKES AND TOLL PROJECTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. September 1, 2005.


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