S.B. 1782 78(R)    BILL ANALYSIS


S.B. 1782
By: Lindsay
Transportation
Committee Report (Amended)



BACKGROUND 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

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

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.  

(d)  Provides that Subsection (b) does not apply when TxDOT owns the
access rights by having specifically acquired abutters' rights of access
from the adjacent property owner, by specific deed language so indicated,
or when constructing limited access toll roads and parkways, built without
frontage roads that would otherwise allow access, unless preexisting
abutters' rights of access to an existing roadway are impacted. 

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



 
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 provides new language for subsection (d),
stating that subsection (b) does not apply when the department owns the
access rights, or the adjacent property owner does not own the abutter's
rights of access.