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78R1053 JD-D
By: Shapiro 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) 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) Notwithstanding Subsection (a), the commission may not
adopt or enforce an order under Section 203.031 that:
(1) is applicable to highways located in a
municipality, including a home-rule municipality; and
(2) is inconsistent with a highway access rule or
ordinance adopted by the governing body of the municipality before
the effective date of the order.
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.