78S10226 JD-F
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. Section 203.032, Transportation Code, as amended
by S.B. No. 361, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
Sec. 203.032. PRECEDENCE OF COMMISSION ORDER. (a) An
[Except as provided by Subsection (b), an] order of the commission
under Section 203.031 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.
(b) Notwithstanding Subsection (a), the commission may not
adopt or enforce an order under Section 203.031(a)(2) or (4) that:
(1) is applicable to a highway located in a county with
a population of 3.3 million or more or in a county adjacent to a
county with a population of 3.3 million or more and inconsistent
with a highway access rule or ordinance adopted by the
commissioners court of the county; or
(2) is applicable to a highway located in a
municipality in a county described by Subdivision (1) and
inconsistent with a highway access rule or ordinance adopted by the
governing body of the municipality [An order of the commission
under Section 203.031(a)(2) or (4) 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
department that enforcement of the 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].
(c) An order of the commission 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 the department that enforcement of
the municipal or county rule or ordinance would impair the ability
of this state or the department to receive funds for highway
construction or maintenance from the federal government.
Subsection (b) does not apply if the United States Department of
Transportation Federal Highway Administration notifies the
department that enforcement of the municipal or county rule or
ordinance would impair the ability of this state or the department
to receive funds for highway construction or maintenance from the
federal government [when the department owns the access rights].
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.