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	Amend CSHB 300 by striking SECTION 3.04 of the bill (house 
committee printing page 74, line 3, through page 75, line 11) and 
substituting:
	SECTION 3.04.  Section 228.201(a), Transportation Code, is 
amended to read as follows:
	(a)  The [Except as provided by Section 228.2015, the] 
department may not operate a nontolled state highway or a segment of 
a nontolled state highway as a toll project, and may not transfer a 
highway or segment to another entity for operation as a toll 
project, unless:
		(1)  [the commission by order designated the highway or 
segment as a toll project before the contract to construct the 
highway or segment was awarded;
		[(2)]  the highway or segment was open to traffic as a 
turnpike project on or before September 1, 2005;
		(2) [(3)  the project was designated as a toll project 
in a plan or program of a metropolitan planning organization on or 
before September 1, 2005;
		[(4)]  the highway [or segment] is reconstructed so 
that the number of nontolled lanes on the highway [or segment] is 
greater than or equal to the number in existence before the 
reconstruction; or
		(3) [(5)  a facility is constructed adjacent to the 
highway or segment so that the number of nontolled 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;
		[(6)]  subject to Subsection (b), the highway or 
segment was open to traffic as a high-occupancy vehicle lane on May 
1, 2005[;  or
		[(7)  the commission converts the highway or segment to 
a toll facility by:
			[(A)  making the determination required by 
Section 228.202;
			[(B)  conducting the hearing required by Section 
228.203;  and
			[(C)  obtaining county and voter approval as 
required by Sections 228.207 and 228.208].