1. (a) Subject to Section 228.201, the commission may by order authorize the department to charge a toll for the use of one or more lanes of a state highway, including a high occupancy vehicle lane designated under Section 224.153 or an exclusive lane designated under Section 224.1541.

2. (b) If the commission authorizes the department to charge a toll under Subsection (a), the department may enter into an agreement with a regional tollway authority described in Chapter 366, a transit authority described in Chapter 451, 452, or 453, a coordinated county transportation authority under Chapter 460, a regional mobility authority under Chapter 370, a county acting under Chapter 284, or a transportation corporation:

   1. (1) to design, construct, operate, or maintain a toll lane under this section; and
   2. (2) to charge a toll for the use of one or more lanes of a state highway facility under this section.
3. (c) The commission may by order authorize the department or the entity contracted to operate the toll lane to set the amount of toll charges. Any toll charges shall be imposed in a reasonable and nondiscriminatory manner.

4. (d) Revenue generated from toll charges and collection fees assessed by an entity with whom the department contracts under this section shall be allocated as required by the terms of the agreement.

   Transferred from Transportation Code, Section 224.154 by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.36, eff. June 14, 2005.

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 1049, Sec. 4, eff. June 20, 2003.