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


Senate Research CenterC.S.S.B. 361
By: Shapiro
Infrastructure Development and Security
3-17-2003
Committee Report (Substituted)

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. 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

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 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.





SUMMARY OF COMMITTEE CHANGES

Differs from the original bill in SECTION 1 by including Subsection (b) as
an exception to Subsection (a); by replacing proposed text prohibiting the
commission from adopting and enforcing an order that meets certain
criteria, with text that specifies that commission rules do not supersede
a municipality's ordinance unless it interferes with TxDOT's or the
state's ability to receive federal highway funds; and by adding Subsection
(c).