Texas bill would prevent double toll tax on certain roadways

One Texas state lawmaker wants to protect taxpayers from being double-taxed for using certain toll roads.

The legislative pursuit follows an announcement by the Texas Department of Transportation that the agency has completed the termination of a 50-year contract with the private entity operating the state Highway 288 toll road in the Houston area. The agreement allows the state to acquire a $4 billion asset for $1.7 billion eight years into the contract.

The department said the purchase from Blue Ridge Transportation Group will “bring Texans future toll relief and more free lanes to drive in the Houston area.”

Tolls on the managed lanes “will not change in the short term.” TxDOT cites a “contractually required transition period” for the continuation of tolls.

Texas transportation officials said the public could see a reduction of average daily toll rates by 50% in the next few years. TxDOT plans to begin construction of two free general-purpose lanes on portions of the state Highway 288 toll road no later than 2030.

The addition of one lane in each direction would result in eight total general-purpose lanes. The two additional lanes are planned to be paid for by toll revenues.

Plans criticized

Multiple state lawmakers have criticized the move for not including an end date for toll collection.

“We are elected to serve as responsible stewards of taxpayer money, and I am concerned that this acquisition will place an unnecessary burden on my constituents if the tolls are not eliminated,” Sen. Mayes Middleton, R-Galveston, wrote in a recent letter to TxDOT Chairman Bruce Bugg.

Republican lawmakers have pointed out to the agency that the Republican Party of Texas’ 2024 platform states, “We call on the Texas Legislature to abolish existing toll roads.”

“The actions by TxDOT are out-of-step with the Republican Party of Texas’ platform, and we are committed to changing that as soon as practicable,” a group of incoming House lawmakers wrote to Bugg.

My office is looking into legislation that will prevent @TxDOT from doing this in the future.

Buying a toll road with taxpayer money and then charging tolls to those same taxpayers is ridiculous. #txlege https://t.co/ek6nDEdytW

— Briscoe Cain (@BriscoeCain) August 22, 2024

House Bill 904

Rep. Briscoe Cain, R-Deer Park, has filed a bill for consideration during the upcoming regular session that would prevent the state from purchasing toll roads with taxpayer money and then charging tolls to the same taxpayers.

HB904 would prohibit toll collection on portions of state Highway 146 and state Highway 99. The bill specifies that TxDOT could not charge a toll, either directly or indirectly, through an agreement with another entity.

The toll ban would apply to the portion of state Highway 246 that crosses the Houston Ship Channel and the portion of state Highway 99 between its intersection with state Highway 146 and its crossing of Cedar Bayou.

“Buying a toll road with taxpayer money and then charging tolls to those some taxpayers is ridiculous,” Cain posted on social media.

His bill awaits assignment to committee for the session that begins Jan. 14, 2025. LL

Land Line Staff Writer SJ Munoz contributed to this story.

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