S.B. 361 78(R)    BILL ANALYSIS


S.B. 361
By: Shapiro
Transportation
Committee Report (Amended)



BACKGROUND AND PURPOSE 

S.B. 361 78(R)    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. C.S.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

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

SB 361 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 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. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 clarifies ownership rights of the department in
subsection (c); and adds a new subsection (d), which mirrors the language
in subsection (b) and applies specifically to county rules or ordinances
of a county of at least 3.3 million population or neighboring county.
Also applies to governing bodies of municipalities in those counties.