H.B. 2051 78(R)    BILL ANALYSIS


H.B. 2051
By: Smith, Wayne
Transportation
         Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Currently, there are no time limits placed on the processing of driveway
permits for the Texas Department of Transportation (TxDOT). The time
between applying for and the approval of a permit can range from six weeks
to seven months. During this time span, builders wait and many lose money
to the retention of needed professionals such as engineers and architects
and the rental on construction equipment.  HB 2051 would limit the amount
of time TxDOT may review a permit application to 42 days upon receiving an
application for a driveway permit.  If the permit is not approved or
denied, the application is approved.  If the application is denied, TxDOT
is then required to draft a letter to the applicant with references to the
problems with the application.  The builder must then resubmit the
application with the problems addressed to TxDOT.  TxDOT then has 30 days
upon receiving the resubmitted application to approve or reject the
application or it is automatically approved. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 2051 amends Subchapter C, Chapter 203, Transportation Code by adding
Section 203.035 to provide a timetable for the permitting of driveway
permits by TxDOT. 

EFFECTIVE DATE

This Act takes effect September 1, 2003, and applies to an application for
a permit submitted on or after that date.