BILL ANALYSIS
Senate Research Center S.B. 637
79R5337 JD-F By: Lindsay
Transportation & Homeland Security
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
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.