79R1356 JTS-D
By: Smith of Harris H.B. No. 267
A BILL TO BE ENTITLED
AN ACT
relating to permits for access driveways to certain highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 203, Transportation Code,
is amended by adding Section 203.035 to read as follows:
Sec. 203.035. ACCESS DRIVEWAY PERMITS. (a) Not later than
the 42nd day after the date the department receives a complete
application for a permit to construct an access driveway to a
highway under the department's jurisdiction the department shall
approve or deny the application. If the department does not approve
or deny the application on or before the 42nd day after the date the
department receives the application, the application is approved.
(b) If the department denies a complete application under
Subsection (a), the department shall send to the applicant written
notice of the denial specifying the reasons for the denial. If the
applicant resubmits the application, the department shall approve
or deny the application not later than the 30th day after the date
the department receives the resubmitted application. If the
department does not approve or deny the resubmitted application on
or before the 30th day after the date the department receives the
application, the application is approved. If the department denies
the resubmitted application, the application may not be
subsequently resubmitted.
SECTION 2. This Act takes effect September 1, 2005, and
applies only to an application for an access driveway permit
received by the Texas Department of Transportation on or after that
date. An application for an access driveway permit received before
the effective date of this Act is governed by the law in effect on
the date the application was received, and the former law is
continued in effect for that purpose.