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                                                                  S.B. No. 1782



AN ACT


relating to the precedence of highway access rules and ordinances 
of certain counties and municipalities 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 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
		(2)  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)  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, or a county, 
unless the United States Department of Transportation Federal 
Highway Administration notifies the department that enforcement of 
the municipality or county 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.  
Subsection (b) does not apply if the United States Department of 
Transportation Federal Highway Administration notifies the 
department that enforcement of the municipality or county 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.
	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.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1782 passed the Senate on 
May 6, 2003, by the following vote:  Yeas 31, Nays 0; 
May 30, 2003, Senate refused to concur in House amendment and 
requested appointment of Conference Committee; May 31, 2003, House 
granted request of the Senate; June 1, 2003, Senate adopted 
Conference Committee Report by the following vote:  Yeas 31, 
Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1782 passed the House, with 
amendment, on May 28, 2003, by the following vote:  Yeas 144, 
Nays 0, two present not voting; May 31, 2003, House granted request 
of the Senate for appointment of Conference Committee; 
June 1, 2003, House adopted Conference Committee Report by the 
following vote:  Yeas 147, Nays 0, two present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor