BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 637

79R5337 JD-F                                                                                                                 By: Lindsay

                                                                                                 Transportation & Homeland Security

                                                                                                                                            3/24/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas Department of Transportation (TxDOT) rules regarding highway access supersede a county's access management plan.  As proposed, S.B. 637 provides that the Texas Transportation Commission's orders under Section 203.031 (Control of Access) do not supersede highway access rules adopted by the commissioners court of certain counties, unless TxDOT owns the access rights by acquiring the abutters' rights of access from the adjacent property owner.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 203.032, Transportation Code, by amending Subsection (a) and adding Subsections (b-1) and (d), as follows:

 

            (a)  Provides an exception as provided by Subsections (b) and (b-1), rather than only         Subsection (b).

           

(b-1)  Prohibits the Texas Transportation Commission (commission) from adopting or enforcing an order under Section 203.031 (Control of Access) that 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.

 

            (d)  Provides that Subsection (b-1) is inapplicable under certain circumstances.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.