The department may create and manage high-occupancy vehicle lanes, and it may authorize motorcycles or low-emissions vehicles to use them, but it may not do so when that would jeopardize federal transit or highway funding.
Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED. (a) The department may finance, designate, design, construct, operate, or maintain one or more lanes on a multi-lane highway facility as dedicated high occupancy vehicle lanes on the state highway system. (b) The department may enter into an agreement with a transit authority under Chapter 451, 452, or 453, a regional mobility authority under Chapter 361, a coordinated county transportation authority under Chapter 460, a municipality, or a transportation corporation for the design, construction, operation, or maintenance of a high occupancy vehicle lane. (c) The department may authorize a motorcycle or a low-emissions vehicle to use a high occupancy vehicle lane designated under this section regardless of the number of persons on the motorcycle or occupants in the vehicle. Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1049, Sec. 3 (d) The department may not authorize the use of a high occupancy vehicle lane designed, constructed, operated, or maintained under Subsection (b) by a motorcycle or a low-emissions vehicle that is not occupied by the required minimum number of persons if the use would impair the receipt of federal transit funds. Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1331, Sec. 23 (d) The department may not authorize vehicles addressed in Subsection (c) to use a high occupancy vehicle lane if such use would violate federal transit or highway funding restrictions. Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 967, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1331, Sec. 23, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1049, Sec. 3, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 1, eff. September 1, 2005.