By:  Lindsay                                                      S.B. No. 37 
	(In the Senate - Filed July 8, 2003; July 9, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; July 17, 2003, reported favorably by the following 
vote:  Yeas 6, Nays 0; July 17, 2003, sent to printer.)


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.
	(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 [the] state or the department to receive funds for highway 
construction or maintenance from the federal government.
	[(c)]  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.



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