1. (a) The commission by minute order may designate, and the department may finance, design, construct, operate, or maintain an exclusive lane or lanes on a portion of the state highway system.
2. (b) In designating an exclusive lane, the commission must find that such a designation will improve transportation safety, mobility, or air quality.

3. (c) Before designating an exclusive lane, there must be:

   1. (1) two or more lanes adjacent to the proposed exclusive lane for the use of other vehicles; or
   2. (2) a multi-lane facility adjacent to the proposed exclusive lane for the use of other vehicles.

4. (d) The department may charge a toll for the use of an exclusive lane if the toll is expected to enhance safety or mobility, improve congestion or air quality, and:

   1. (1) the lanes or multi-lane facility adjacent to the exclusive lane are also tolled; or
   2. (2) a vehicle authorized to use the tolled exclusive lane is authorized to use non-tolled adjacent lanes or an adjacent non-tolled multi-lane facility.
5. (e) Lanes that are adjacent to an exclusive lane may be designated as exclusive lanes themselves for differing classes of motor vehicles.
6. (f) The department may enter into an agreement with a regional mobility authority created under Transportation Code, Chapter 361 or 370, a county acting under Transportation Code, Chapter 282, or a transportation corporation to design, construct, operate, or maintain a toll exclusive lane created under this section.

Source Note:The provisions of this §25.45 adopted to be effective May 20, 2004, 29 TexReg 4930.