Texas 2009 - 81st Regular

Texas Senate Bill SB1609 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1609
2	2
3	3
4	4	AN ACT
5	5	relating to the control of access to state highways by the Texas
6	6	Department of Transportation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 203.031, Transportation Code, is amended
9	9	by adding Subsection (a-1) to read as follows:
10	10	(a-1) In the exercise of its authority to manage access to
11	11	or from a controlled access highway under Subsection (a)(2) or (4),
12	12	the commission by rule shall:
13	13	(1) require that a decision by a department district
14	14	office denying a request for access to a specific location on a
15	15	controlled access highway be in writing and include the reasons for
16	16	the denial;
17	17	(2) provide procedures for appealing a denial under
18	18	Subdivision (1), including procedures that:
19	19	(A) allow the applicant to appeal the denial to
20	20	the department's design division before the 31st day after the date
21	21	written notice of the denial is given to the applicant;
22	22	(B) provide that if an appeal under Paragraph (A)
23	23	is not decided before the 91st day after the date the appeal was
24	24	filed, the access applied for must be granted; and
25	25	(C) allow the applicant to appeal the decision of
26	26	the design division to the director and, if the decision is
27	27	affirmed, to a board of variance appointed by the director and
28	28	composed of at least three persons who may not be below the level of
29	29	department division director, office director, or district
30	30	engineer and who were not involved in the original decision to deny
31	31	access;
32	32	(3) provide that properly platted access points to or
33	33	from a controlled access highway that are located on undeveloped
34	34	property are subject to the access management standards in effect
35	35	at the time the points were platted regardless of when the initial
36	36	request for access was submitted to the department, but only if:
37	37	(A) development of the property begins and the
38	38	request for access at the platted locations is submitted to the
39	39	department before the fifth anniversary of the date the plat was
40	40	recorded; and
41	41	(B) the design of the highway facility in the
42	42	vicinity of the platted access points did not materially change
43	43	after the date the plat was recorded so as to significantly impact
44	44	traffic patterns to the extent that the platted access points
45	45	present a threat to public safety;
46	46	(4) require that:
47	47	(A) owners of land adjacent to a proposed highway
48	48	construction project be provided written notice of the project at
49	49	least 60 days before the date construction begins if the project
50	50	will permanently alter permitted access to or from a controlled
51	51	access highway at the owners' existing locations; and
52	52	(B) the access described by Paragraph (A) be
53	53	reinstated to the most practicable extent possible after due
54	54	consideration of the impact on highway safety, mobility, and
55	55	efficient operation of any changed traffic patterns resulting from
56	56	the construction;
57	57	(5) adopt criteria for determining when a variance to
58	58	access management standards may be granted, including criteria
59	59	that, in addition to highway safety, mobility, and efficient
60	60	operation concerns, takes into consideration any of the following
61	61	consequences resulting from denial of the owner's request for
62	62	access to a specific location on a controlled access highway that
63	63	may impact a property owner:
64	64	(A) denial of reasonable access to the property;
65	65	and
66	66	(B) undue hardship on a business located on the
67	67	property; and
68	68	(6) clarify that the remodeling or demolition and
69	69	rebuilding of a business does not cause new access management
70	70	standards to apply unless the department makes an affirmative
71	71	finding in writing that the remodeled or rebuilt business will
72	72	significantly impact traffic patterns to the extent that the
73	73	current access location presents a threat to public safety.
74	74	SECTION 2. This Act takes effect immediately if it receives
75	75	a vote of two-thirds of all the members elected to each house, as
76	76	provided by Section 39, Article III, Texas Constitution. If this
77	77	Act does not receive the vote necessary for immediate effect, this
78	78	Act takes effect September 1, 2009.
79	79	______________________________ ______________________________
80	80	President of the Senate Speaker of the House
81	81	I hereby certify that S.B. No. 1609 passed the Senate on
82	82	April 24, 2009, by the following vote: Yeas 30, Nays 0.
83	83	______________________________
84	84	Secretary of the Senate
85	85	I hereby certify that S.B. No. 1609 passed the House on
86	86	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
87	87	present not voting.
88	88	______________________________
89	89	Chief Clerk of the House
90	90	Approved:
91	91	______________________________
92	92	Date
93	93	______________________________
94	94	Governor