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


Senate Research Center   S.B. 361
78R1053 JD-DBy: Shapiro
Infrastructure Development and Security
2/26/2003
As Filed


DIGEST AND PURPOSE 

Recently, the Texas Department of Transportation 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. As proposed, S.B. 361  requires the Texas
Transportation Commission to conform to any existing municipal access
management guidelines and grants local control over planning and managing
local projects. 

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) Prohibits the Texas Transportation Commission (commission) from
adopting or enforcing an order under Section 203.031 that is applicable to
highways located in a municipality, including a home-rule municipality and
that is inconsistent with a highway access rule or ordinance adopted by
the governing board of that municipality before the effective date of the
order, notwithstanding Subsection (a), which provides that a commission
order takes precedence. 

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