SRC-AMY S.B. 361 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 361
By: Shapiro
Infrastructure Development and Security
6-13-2003
Enrolled
DIGEST AND PURPOSE 

Recently, the Texas Department of Transportation (TxDOT) reviewed
municipal highway access rules, specifically those regarding the distance
between curb cuts along state highways, causing concern in local
communities about safety, local control, and economic development.  The
review significantly impacts the viability of frontage roads and existing
municipal plans for infrastructure development and growth that are based
on current local access management plans. S.B. 361  provides that Texas
Transportation Commission's orders under Section 203.031 (Control of
Access) do not supersede a municipal ordinance, unless such an ordinance
interferes with the ability of TxDOT or the state to receive federal
highway funds. 

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 Section 203.032, Transportation Code, as follows:

Sec. 203.032. PRECEDENCE OF COMMISSION ORDER. (a) Creates Subsection (a)
from existing text. 

(b) Provides that an order of the Texas Transportation Commission
(commission) under Section 203.031 (a)(2) or (4) (Control of Access) does
not supersede a conflicting rule or ordinance of a municipality, including
a home-rule municipality, unless the U.S. Department of Transportation
Federal Highway Administration notifies the Texas Department of
Transportation (TxDOT) that enforcement of the municipal rule or ordinance
would impair the state or TxDOT's ability to receive funds for highway
construction or maintenance from the federal government. 

(c) Provides that Subsection (b) does not apply when TxDOT owns the access
rights. 

SECTION 2.  Effective date: upon passage or September 1, 2003.