SRC-AMY S.B. 37 78(1)   BILL ANALYSIS


Senate Research Center   S.B. 37
78S10226 JD-FBy: Lindsay
Infrastructure Development and Security
7/15/2003
As Filed


DIGEST AND PURPOSE 

A review of highway access rules by the Texas Department of Transportation
has raised concerns in some communities regarding the distance between
curb cuts.  As proposed, S.B. 37 allows the governmental entities of a
county with a population of 3.3 million or more, a county surrounding a
county with a population of 3.3 million or more, or a municipality located
in one of those counties, to adopt highway access rules or ordinances and
for those rules or ordinances to take precedence over those adopted by the
Texas Transportation Commission.  This bill would not apply if the U.S.
Department of Transportation indicates that this bill's implementation
would impair the ability of the state to collect future federal highway
funds. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 203.032, Transportation Code, as amended by
S.B. 361, Acts of the 78th Legislature, Regular Session, as follows: 

Sec. 203.032.  PRECEDENCE OF COMMISSION ORDER.  (a)  Provides that an
order of the Texas Transportation Commission (TTC) under Section 203.031
(Control of Access) supersedes a conflicting rule or ordinance of a state
agency or subdivision of this state or any county or municipality,
including a home-rule municipality.  Deletes text stating the provisions
of Subsection (b) are an exception to this subsection. 

(b) Prohibits TTC, notwithstanding Subsection (a), from adopting or
enforcing an order under Section 203.031(a)(2) or (4) that is applicable
to certain highways. Deletes text referring to a TTC order that does not
supersede a conflicting rule or ordinance of a municipality, including a
home-rule municipality, unless the United States Department of
Transportation Federal Highway Administration notifies the Texas
Department of Transportation (TxDOT) that enforcement of the municipal
rule or ordinance would impair the ability of the state or TxDOT to
receive funds for highway construction or maintenance from the federal
government. 

(c) Provides that a TTC order under Section 203.031(a)(2) or (4) does not
supersede a conflicting rule or ordinance of a municipality, including a
home-rule municipality, or of a county, unless the United States
Department of Transportation Federal Highway Administration notifies TxDOT
that enforcement of the municipal or county rule or ordinance would impair
the ability of this state or TxDOT to receive funds for highway
construction or maintenance from the federal government.  Provides that
Subsection (b) does not apply if the United States Department of
Transportation Federal Highway Administration notifies TxDOT that
enforcement of the municipal or county rule or ordinance would impair the
ability of this state or TxDOT to receive funds for highway construction
or maintenance from the federal government.  Deletes text referring to
ownership of access rights. 
 
SECTION 2.  Effective date:  upon passage or November 1, 2003.