Texas bill allows state highways to be tolled in rebuild if pre-existing number of untolled lanes kept

A bill has passed the Texas senate that will allow the tolling of presently free state highways so long as at least the existing number of free lanes is maintained. The bill SB220 which has passed the state senate 31/0 allows the reconstruction of an existing tax-financed state highway with tolls if the same or more untolled lanes are provided as existed prior to reconstruction.

This makes clearer the present understanding of state law and the policy adopted by TxDOT and regional toll authorities. They often deal with a surface arterial of say 2+2 lanes or even just 2 lanes which has at-grade intersections, some signalized, but no grade separations. Under the SB220 rule they can build a 2+2 or more toll expressway down the center of the right of way so long as they build two frontage road lanes in each direction on either side of the tollway.

The frontage road lanes are typically provided in Texas alongside highspeed expressway style lanes, the frontage roads providing access to adjoining businesses and meeting cross streets at grade, usually with a U-turn and signals. The expressway lanes are connected to the frontage roads via highspeed slip ramps.

SB220 which has a companion house bill HB1438 is described as relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project and lists six alternative conditions under which this can occur:

- it was designated as a toll project before contract, or

- it was open as a turnpike before Sept 1 2005 (no indication if a distinction is made between a turnpike and a  toll project), or

- it was designated a toll project in a plan or program of a metro plan organization pre Sept 1 2005, or

- it has "access, function and control devices similar to the converted highway or segment before conversion is constructed adjacent to the highway or segment so that the number of untolled lanes on the converted highway or segment and the adjacent facility together is greater than or equal to the number in existence on the converted highway or segment before the conversion, or"

- it was open to traffic as an HOV lane on May 1 2005

The bill refers only to "state highways," which on a literal reading seems to exclude US routes, Loop routes, and 'FM' (farm to market' roads) but we're told the linguistic convention in Texas is that 'state highways' covers all highways maintained by the state, not only State Highways, but US routes, Loops and even Interstates which Texans call 'IH.' Only Interstates are subject to a general federal prohibition on tolling, although three interstate pilot programs have provision for exemptions. (REVISED)

The SB220 principle of maintaining existing untolled capacity has been used on US routes - for example US290 northeast of Austin. The project was initially developed by TxDOT but the project is being advanced to construction by CTRMA as the Manor expressway.

Manor Expressway 290 Toll the posterchild for SB220

In this section US290 is a mix of 2+2 lanes surface arterial. Plans are to develop it to 3/3/3/3 lanes the outer two roadways being a total of six frontage lanes meeting cross streets at grade with signals and the inner two roads being six lanes expressway standard and tolled.

See section and visualization above.

The first stage of the Manor Expressway project covers 10km (6.2 miles) in length and goes from US183 to TX130.  Pre-upgrade it is a surface arterial running about 45k veh/day average but the upgrade is being built for 2025 traffic projected in the range 75k to 110k. It is the second tollroad of Central Texas RMA. Using some 'stimulus-$s' from Washington DC the $625m project is being put on a fast track development with construction due to begin early 2010.

Other tollroads being developed as toll upgrades of surface arterials to full expressway-plus-frontage roads are SH121 north of Dallas, and Loop 1604 and US281 in San Antonio by Alamo RMA. The latter have been delayed by a botched TxDOT environmental impact assessment.

SB220 was sponsored by Robert Nichols who is also pushing legislation that discourages concessions with private companies but favors public tolling.

No toll advocacy to be allowed

Another bill going through the Texas 'leggie' is SB384 promoted by Senator John Carona. Prompted apparently by a TxDOT publicity campaign a couple of years back titled Keep Texas Moving SB384 prohibits Texas DOT from "marketing, advertising, or other activities for the purpose of influencing public opinion about the use of toll roads or the use of tolls as a financial mechanism."

We assume talking and writing come into the category of prohibited "other activities." Attending meetings of IBTTA?

Toll advocacy is becoming a subversive activity down there.

TOLLROADSnews 2009-04-02 COMPLETED 2009-04-03 17:00