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By:  Lindsay                                                      S.B. No. 1782
	(In the Senate - Filed March 14, 2003; March 24, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; April 28, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
April 28, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1782                                   By:  Lindsay


A BILL TO BE ENTITLED

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.  In 
addition, 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.
	(d)  Subsection (b) does not apply when the department 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.  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.



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