H.B. No. 2854
1-1 AN ACT
1-2 relating to the regulation by home-rule municipalities of streets,
1-3 avenues, alleys, and boulevards on which certain residences are
1-4 located.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 1175, Revised Statutes, is amended to
1-7 read as follows:
1-8 Art. 1175. Enumerated powers. A home-rule municipality has
1-9 the following powers:
1-10 1. The power to issue bonds upon the credit of the
1-11 city for the purpose of making permanent public improvements or for
1-12 other public purposes in the amount and to the extent provided by
1-13 such charter, and consistent with the Constitution of this State;
1-14 provided, that said bonds shall have first been authorized by a
1-15 majority vote by the duly qualified property tax-paying voters
1-16 voting at an election held for that purpose. Thereafter all such
1-17 bonds shall be submitted to the Attorney General for his approval,
1-18 and the Comptroller for registration, as provided by law, provided
1-19 that any such bonds after approval, may be issued by the city,
1-20 either optional or serial or otherwise as may be deemed advisable
1-21 by the governing authority. Whenever any city has heretofore been
1-22 authorized, under any special charter, creating such city, to issue
1-23 any bonds by the terms of such charter, the provisions of this
1-24 chapter shall not be construed to interfere with the issuance of
2-1 any such bonds under the provisions of any charter under which such
2-2 bonds were authorized.
2-3 2. To prohibit the use of any street, alley, highway
2-4 or grounds of the city by any telegraph, telephone, electric light,
2-5 street railway, interurban railway, steam railway, gas company, or
2-6 any other character of public utility without first obtaining the
2-7 consent of the governing authorities expressed by ordinance and
2-8 upon paying such compensation as may be prescribed and upon such
2-9 condition as may be provided by any such ordinance. To determine,
2-10 fix and regulate the charges, fares or rates of any person, firm or
2-11 corporation enjoying or that may enjoy the franchise or exercising
2-12 any other public privilege in said city and to prescribe the kind
2-13 of service to be furnished by such person, firm or corporation, and
2-14 the manner in which it shall be rendered, and from time to time
2-15 alter or change such rules, regulations and compensation; provided
2-16 that in adopting such regulations and in fixing or changing such
2-17 compensation, or determining the reasonableness thereof, no stock
2-18 or bonds authorized or issued by any corporation enjoying the
2-19 franchise shall be considered unless proof that the same have been
2-20 actually issued by the corporation for money paid and used for the
2-21 development of the corporate property, labor done or property
2-22 actually received in accordance with the laws and Constitution of
2-23 this State applicable thereto. In order to ascertain all facts
2-24 necessary for a proper understanding of what is or should be a
2-25 reasonable rate or regulation, the governing authority shall have
2-26 full power to inspect the books and compel the attendance of
2-27 witnesses for such purpose.
3-1 3. To have exclusive dominion, control, and
3-2 jurisdiction in, over and under the public streets, avenues,
3-3 alleys, highways and boulevards, and public grounds of such city
3-4 and to provide for the improvement of any public street, alleys,
3-5 highways, avenues or boulevards by paving, raising, grading,
3-6 filling or otherwise improving the same and to charge the cost of
3-7 making such improvement against the abutting property, by fixing a
3-8 lien against the same, and a personal charge against the owner
3-9 thereof according to an assessment specially levied therefor in an
3-10 amount not to exceed the special benefit any such property received
3-11 in enhanced value by reason of making such improvement, and to
3-12 provide for the issuance of assignable certificates covering the
3-13 payments for said cost, provided that the charter shall apportion
3-14 the cost to be paid by the property owners and the amount to be
3-15 paid by the city, and provided further, that all street railways,
3-16 steam railways, or other railways, shall pay the cost of improving
3-17 the said street between the rails and tracks of any such railway
3-18 companies and for two feet on each side thereof. The city shall
3-19 have the power to provide for the construction and building of
3-20 sidewalks and charge the entire cost of constructing of said
3-21 sidewalks, including the curb, against the owner of abutting
3-22 property, and to make a special charge against the owner for such
3-23 cost and to provide by special assessment a lien against such
3-24 property for such cost; to have the power to provide for the
3-25 improvement of any such sidewalk or the construction of any such
3-26 curb by penal ordinance and to declare defective sidewalks to be a
3-27 public nuisance. The power herein granted for making street
4-1 improvements and assessing the cost by special assessment in the
4-2 manner herein stated shall not be construed to prevent any city
4-3 from adopting any other method or plan for the improvement of its
4-4 streets, sidewalks, alleys, curbs, or boulevards, as it may deem
4-5 advisable by its charter.
4-6 4. To open, extend, straighten, widen any public
4-7 street, alley, avenue or boulevard and for such purpose to acquire
4-8 the necessary lands and to appropriate the same under the power of
4-9 eminent domain and to provide that the cost of improving any such
4-10 street, alley, avenue or boulevard by opening, extending and
4-11 widening the same shall be paid by the owners of property specially
4-12 benefited whose property lies in the territory of such improvement
4-13 and to provide that the cost shall be charged by special assessment
4-14 and that a personal charge shall be made against any owner for the
4-15 amount due by him and to provide for the appointment by the county
4-16 judge or other officer exercising like or similar powers, of three
4-17 special commissioners for the purpose of condemning the said lands
4-18 and for the purpose of apportioning the said cost, which
4-19 apportionment of said cost shall be specially assessed by the
4-20 governing authorities against the owners and the property of the
4-21 owners lying in the territory so found to be specially benefited in
4-22 enhanced value by said special commissioners. The city shall pay
4-23 such portion of such cost as may be determined by the said special
4-24 commissioners, provided the same shall never exceed one third the
4-25 cost, and the property owners and their property shall be liable
4-26 for the balance of the same as may be apportioned by said
4-27 commissioners. The city may issue assignable certificates for the
5-1 payment of any such cost against such property owners and may
5-2 provide for the payment of any such cost in deferred payments, to
5-3 bear interest at such rate as may be prescribed by the charter not
5-4 to exceed eight per cent. The city may adopt any other method for
5-5 the opening, straightening, widening or extending of its streets as
5-6 herein provided for as may be deemed advisable, and charge the cost
5-7 of same against the property and the owner specially benefited in
5-8 enhanced value and lying in the territory of said improvement, that
5-9 its charter may provide. The authority to adopt any other method
5-10 shall include the manner of appointing commissioners, the manner of
5-11 giving notice and the manner of fixing assessments or providing for
5-12 the payment of any such improvement.
5-13 5. To control, regulate and remove all obstructions or
5-14 other encroachments or encumbrances on any public street, alley or
5-15 ground, and to narrow, alter, widen or straighten any such streets,
5-16 alleys, avenues or boulevards, and to vacate and abandon and close
5-17 any such streets, alleys, avenues or boulevards, and to regulate
5-18 and control the moving of buildings or other structures over and
5-19 upon the streets or avenues of such city.
5-20 6. To license, operate and control the operation of
5-21 all character of vehicles using the public streets, including
5-22 motorcycles, automobiles or like vehicles, and to prescribe the
5-23 speed of the same, the qualification of the operator of the same,
5-24 and the lighting of the same by night and to provide for the giving
5-25 bond or other security for the operation of the same.
5-26 7. To regulate and restrict access to streets,
5-27 avenues, alleys, and boulevards in the municipality on which the
6-1 dwelling of a former president of the United States is located,
6-2 including the installation and maintenance of fences, gates, or
6-3 other structures. The municipality may act alone or in conjunction
6-4 with another entity or person.
6-5 8. Provided that in all cities of over twenty-five
6-6 thousand inhabitants, the governing body of such city, when the
6-7 public service of such city may require the same, shall have the
6-8 right and power to compel any street railway or other public
6-9 utility corporation to extend its lines of service into any section
6-10 of said city not to exceed two miles, all told, in any one year.
6-11 9. <8.> Whenever any city may determine to acquire any
6-12 public utility using and occupying its streets, alleys, and avenues
6-13 as hereinbefore provided, and it shall be necessary to condemn the
6-14 said public utility, the city may obtain funds for the purpose of
6-15 acquiring the said public utility and paying the compensation
6-16 therefor, by issuing bonds, notes or other evidence of indebtedness
6-17 and shall secure the same by fixing a lien upon the said properties
6-18 constituting the said public utility so acquired by condemnation or
6-19 purchase or otherwise; said security shall apply alone to said
6-20 properties so pledged; and such further regulations may be provided
6-21 by any charter for the proper financing or raising the revenue
6-22 necessary for obtaining any public utilities and providing for the
6-23 fixing of said security.
6-24 SECTION 2. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.