By: Lindsay S.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to the precedence of highway access rules and ordinances
of certain counties and municipalities over highway access
management orders of the Texas Transportation Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 203.032, Transportation
Code, as added by Senate Bill No. 361, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(b) An order of the commission under Section 203.031(a)(2)
or (4) does not supersede a conflicting rule or ordinance of a
county with a population of 3.3 million or more, of a county
adjacent to a county with a population of 3.3 million or more, or of
a municipality, including a home-rule municipality, unless the
United States Department of Transportation Federal Highway
Administration notifies the department that enforcement of the
county or municipal rule or ordinance would impair the ability of
the state or the department to receive funds for highway
construction or maintenance from the federal government.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect November 1, 2003.