Suspending limitations on conference committee

jurisdiction, S.B. No. 361











By:  Shapiro                                  S.R. No. 998



SENATE RESOLUTION
	BE IT RESOLVED by the Senate of the State of Texas, 78th 
Legislature, Regular Session, 2003, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 to enable the 
conference committee appointed to resolve the differences on 
Senate Bill No. 361, relating to the precedence of certain 
municipal highway access rules and ordinances over highway 
access management orders of the Texas Transportation Commission, 
to consider and take action on the following matter:
	Senate Rules 12.03(3) and (4) are suspended to permit the 
committee to add text not included in either the house or senate 
version of the bill to add Subsection (d), Section 203.032, 
Transportation Code, to read as follows:
	(d)  The state will not be liable under Chapter 101, Civil 
Practice and Remedies Code, for access granted under Subsection 
(b) to which the department had lodged a written objection.  This 
subsection shall neither limit nor extend liability of a 
municipality or county.
	Explanation:  The added text is necessary to provide 
protection to this state from liability under the Texas Tort 
Claims Act when a municipality grants highway access and the 
Texas Transportation Commission has objected in writing to the 
municipality's action.  The added text also clarifies that the 
protection afforded the state does not limit or extend any 
liability of a municipality or a county.




_______________________________ 
    President of the Senate
 
     I hereby certify that the 
above Resolution was adopted by 
the Senate on June 1, 2003, by the 
following vote:  Yeas 31, Nays 0.



_______________________________ 
    Secretary of the Senate