By: Schofield, Gates (Senate Sponsor - Alvarado) H.B. No. 3286

(In the Senate - Received from the House May 14, 2021; May 17, 2021, read first time and referred to Committee on Transportation; May 20, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 20, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3286 By: Alvarado

A BILL TO BE ENTITLED

AN ACT

relating to the overnight parking of a commercial motor vehicle near certain apartment complexes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 545, Transportation Code, is amended by adding Section 545.3075 to read as follows:

Sec. 545.3075. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE NEAR CERTAIN APARTMENT COMPLEXES. (a) In this section:

(1) "Apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.

(2) "Commercial motor vehicle" has the meaning assigned by Section 545.307.

(b) This section applies only to the unincorporated area of a county with a population of more than 3.3 million.

(c) The owner or manager of an apartment complex may make a request to the county in which the apartment complex is located for the posting of official signs prohibiting the parking of a commercial motor vehicle in a public right-of-way adjacent to the complex after 10 p.m. and before 6 a.m. A request under this subsection must be signed and in writing.

(d) A county receiving a request under Subsection (c) may post one or more signs as requested or as the county determines to be necessary.

(e) A sign posted under Subsection (d) must:

(1) be posted in the public right-of-way:

(A) not more than 10 feet from the property line of the apartment complex; and

(B) facing the roadway; and

(2) include:

(A) a statement, in letters at least two inches in height, that parking of a commercial motor vehicle is prohibited from 10 p.m. to 6 a.m. in the public right-of-way or portion of the public right-of-way; and

(B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction.

(f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located.

(g) This section does not apply to public rights-of-way that are part of the state highway system.

SECTION 2. This Act takes effect September 1, 2021.

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