By:  Lindsay                                                      S.B. No. 637


A BILL TO BE ENTITLED

AN ACT

relating to the precedence of certain county highway access rules 
and ordinances over highway access management orders of the Texas 
Transportation Commission.
	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.