79R5337 JD-F

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.  Section 203.032, Transportation Code, is amended 
by amending Subsection (a) and adding Subsections (b-1) and (d) to 
read as follows:
	(a)  Except as provided by Subsections [Subsection] (b) and 
(b-1), an order of the commission under Section 203.031 supersedes 
a conflicting rule or ordinance of a state agency or subdivision of 
this state or any county or municipality, including a home-rule 
municipality.
	(b-1)  The commission may not adopt or enforce an order under 
Section 203.031 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)  Subsection (b-1) does not apply when the department owns 
the access rights by having specifically acquired abutters' rights 
of access from the adjacent property owner, by specific deed 
language so indicated, or when constructing limited access toll 
roads and parkways, built without frontage roads that would 
otherwise allow access, unless preexisting abutters' rights of 
access to an existing roadway are impacted.
	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.