S.B. No. 637
relating to the precedence of certain county highway access rules
and ordinances over highway access management orders of the Texas
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 203.032, Transportation
Code, is amended to read as follows:
(b) An order of the commission under Section 203.031(a)(2)
or (4) does not supersede a conflicting rule or ordinance of a
municipality, including a home-rule municipality, or a conflicting
ordinance, resolution, or order of a county with a population of 3.3
million or more or a county adjacent to a county with a population
of 3.3 million or more, unless the United States Department of
Transportation Federal Highway Administration notifies the
department that enforcement of the [
municipal] rule, [ or]
ordinance, resolution, or order would impair the ability of the
state or the department to receive funds for highway construction
or maintenance from the federal government.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 637 passed the Senate on
April 7, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 637 passed the House on
May 19, 2005, by the following vote: Yeas 140, Nays 0, two
present not voting.
Chief Clerk of the House