SRC-LBB H.B. 2051 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2051
78R6486 JTS-DBy: Smith, Wayne (Lindsay)
Infrastructure Development and Security
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, there are no time limits placed on the processing of driveway
permits by the Texas Department of Transportation (TxDOT). The time
between the application for a permit and its approval or denial can range
from six weeks to seven months. During this time span, builders wait and
many lose money on the retention of needed professionals such as engineers
and architects and on construction equipment rental.  H.B. 2051 provides a
timetable for the permitting of driveway permits by TxDOT. 

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 Subchapter C, Chapter 203, Transportation Code, by
adding Section 203.035, as follows: 

Sec. 203.035.  ACCESS DRIVEWAY PERMITS.  (a)  Requires Texas Department of
Transportation (TxDOT), not later than the 42nd day after the date TxDOT
receives a complete application for a permit to construct an access
driveway to a highway under TxDOT's jurisdiction to approve or deny the
application.  Provides that if TxDOT does not approve or deny the
application on or before the 42nd day after the date TxDOT receives the
application, the application is approved. 

(b)  Requires TxDOT, if TxDOT denies a complete application under
Subsection (a), to send to the applicant written notice of the denial
specifying the reasons for the denial.  Requires TxDOT to approve or deny
the application not later than the 30th day after the date TxDOT receives
the resubmitted application, if the applicant resubmits the application.
Provides that if TxDOT does not approve or deny the resubmitted
application on or before the 30th day after the date TxDOT receives the
application, the application is approved.  Prohibits the application from
being subsequently resubmitted, if TxDOT denies the resubmitted
application. 

SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.