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.