So a bill has been introduced in the current session to address this issue:
ftp://ftp.legis.state.tx.us/bills/83R/billtext/html/senate_bills/SB01600_SB01699/SB01659I.htm
It is up for public testimony on Wednesday, 4/3/13 at 8am in the transportation committee.
Sweetness! Thank you to everyone who helped make a difference!