SRC-LBB S.B. 1782 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1782
By: Lindsay
Infrastructure Development and Security
6/24/2003
Enrolled


DIGEST AND PURPOSE 

A recent review of highway access rules by the Texas Department of
Transportation has raised concerns in local communities regarding the
distance between curb cuts.  S.B. 1782 provides that the Texas
Transportation Commission's orders under Section 203.031 (Control of
Access) do not supersede a municipal ordinance adopted by certain counties
and municipalities.  

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:

 (a)  Creates this subdivision out of existing text.

(b)  Prohibits the Texas Transportation Commission (TTC), notwithstanding
Subsection (a), from adopting or enforcing an order under Section 203.031
that is applicable to a highway located in a county with a population of
3.3 million or more or in a county adjacent to a county with a population
of 3.3 million or more and inconsistent with a highway access rule or
ordinance adopted by the commissioners court of the county or is
applicable to a highway located in a municipality in a county described by
Subdivision (1) and inconsistent with a highway access rule or ordinance
adopted by the governing body of the municipality. 

(c)  Provides that an order of TTC under Section 203.031(a)(2) or (4) does
not supersede a conflicting rule or ordinance of a municipality, including
a home-rule municipality, or a county, unless the United States Department
of Transportation Federal Highway Administration notifies the Texas
Department of Transportation (TxDOT) that enforcement of the municipality
or county rule or ordinance would impair the ability of the state or TxDOT
to receive funds for highway construction or maintenance from the federal
government.  Provides that, in addition, Subsection (b) does not apply if
the United States Department of Transportation Federal Highway
Administration notifies TxDOT that enforcement of the municipality or
county rule or ordinance would impair the ability of the state or TxDOT to
receive funds for highway construction or maintenance from the federal
government.  

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