81st Texas Legislature, Senate Bill 1609, Chapter 817 Page: 1 of 4

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S.B. No. 1609
Chapter 817
1 AN ACT
2 relating to the control of access to state highways by the Texas
3 Department of Transportation.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Section 203.031, Transportation Code, is amended
6 by adding Subsection (a-1) to read as follows:
7 (a-1) In the exercise of its authority to manage access to
8 or from a controlled access highway under Subsection (a) (2) or (4),
9 the commission by rule shall:
10 (1) require that a decision by a department district
11 office denying a request for access to a specific location on a
12 controlled access highway be in writing and include the reasons for
13 the denial;
14 (2) provide procedures for appealing a denial under
15 Subdivision (1), including procedures that:
16 (A) allow the applicant to appeal the denial to
17 the department's design division before the 31st day after the date
18 written notice of the denial is given to the applicant;
19 (B) provide that if an appeal under Paragraph (A)
20 is not decided before the 91st day after the date the appeal was
21 filed, the access applied for must be granted; and
22 (C) allow the applicant to appeal the decision of
23 the design division to the director and, if the decision is
24 affirmed, to a board of variance appointed by the director and

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