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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.