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AN ACT
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relating to the control of access to state highways by the Texas |
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Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.031, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) In the exercise of its authority to manage access to |
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or from a controlled access highway under Subsection (a)(2) or (4), |
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the commission by rule shall: |
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(1) require that a decision by a department district |
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office denying a request for access to a specific location on a |
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controlled access highway be in writing and include the reasons for |
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the denial; |
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(2) provide procedures for appealing a denial under |
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Subdivision (1), including procedures that: |
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(A) allow the applicant to appeal the denial to |
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the department's design division before the 31st day after the date |
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written notice of the denial is given to the applicant; |
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(B) provide that if an appeal under Paragraph (A) |
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is not decided before the 91st day after the date the appeal was |
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filed, the access applied for must be granted; and |
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(C) allow the applicant to appeal the decision of |
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the design division to the director and, if the decision is |
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affirmed, to a board of variance appointed by the director and |
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composed of at least three persons who may not be below the level of |
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department division director, office director, or district |
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engineer and who were not involved in the original decision to deny |
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access; |
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(3) provide that properly platted access points to or |
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from a controlled access highway that are located on undeveloped |
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property are subject to the access management standards in effect |
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at the time the points were platted regardless of when the initial |
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request for access was submitted to the department, but only if: |
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(A) development of the property begins and the |
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request for access at the platted locations is submitted to the |
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department before the fifth anniversary of the date the plat was |
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recorded; and |
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(B) the design of the highway facility in the |
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vicinity of the platted access points did not materially change |
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after the date the plat was recorded so as to significantly impact |
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traffic patterns to the extent that the platted access points |
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present a threat to public safety; |
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(4) require that: |
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(A) owners of land adjacent to a proposed highway |
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construction project be provided written notice of the project at |
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least 60 days before the date construction begins if the project |
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will permanently alter permitted access to or from a controlled |
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access highway at the owners' existing locations; and |
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(B) the access described by Paragraph (A) be |
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reinstated to the most practicable extent possible after due |
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consideration of the impact on highway safety, mobility, and |
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efficient operation of any changed traffic patterns resulting from |
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the construction; |
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(5) adopt criteria for determining when a variance to |
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access management standards may be granted, including criteria |
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that, in addition to highway safety, mobility, and efficient |
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operation concerns, takes into consideration any of the following |
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consequences resulting from denial of the owner's request for |
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access to a specific location on a controlled access highway that |
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may impact a property owner: |
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(A) denial of reasonable access to the property; |
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and |
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(B) undue hardship on a business located on the |
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property; and |
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(6) clarify that the remodeling or demolition and |
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rebuilding of a business does not cause new access management |
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standards to apply unless the department makes an affirmative |
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finding in writing that the remodeled or rebuilt business will |
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significantly impact traffic patterns to the extent that the |
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current access location presents a threat to public safety. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1609 passed the Senate on |
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April 24, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1609 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |