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By:  Shapiro, Ratliff                                             S.B. No. 361


A BILL TO BE ENTITLED

AN ACT

relating to the precedence of certain municipal highway access 
rules and ordinances over highway access management orders of the 
Texas Transportation Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 203.032, Transportation Code, is amended 
to read as follows:
	Sec. 203.032.  PRECEDENCE OF COMMISSION ORDER.  (a)  Except 
as provided by Subsection (b), an [An] order of the commission under 
Section 203.031 supersedes a conflicting rule or ordinance of a 
state agency or subdivision of this state or any county or 
municipality, including a home-rule municipality.
	(b)  An order of the commission under Section 203.031(a)(2) 
or (4) does not supersede a conflicting rule or ordinance of a 
municipality, including a home-rule municipality, unless the 
United States Department of Transportation Federal Highway 
Administration notifies the department that enforcement of the 
municipal rule or ordinance would impair the ability of the state or 
the department to receive funds for highway construction or 
maintenance from the federal government.
	(c)  Subsection (b) does not apply when the department owns 
the access rights.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.