1-1 By: A. Smith of Harris (Senate Sponsor - Henderson) H.B. No. 2854
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 19, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 8, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the regulation by home-rule municipalities of streets,
1-23 avenues, alleys, and boulevards on which certain residences are
1-24 located.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Article 1175, Revised Statutes, is amended to
1-27 read as follows:
1-28 Art. 1175. Enumerated powers. A home-rule municipality has
1-29 the following powers:
1-30 1. The power to issue bonds upon the credit of the
1-31 city for the purpose of making permanent public improvements or for
1-32 other public purposes in the amount and to the extent provided by
1-33 such charter, and consistent with the Constitution of this State;
1-34 provided, that said bonds shall have first been authorized by a
1-35 majority vote by the duly qualified property tax-paying voters
1-36 voting at an election held for that purpose. Thereafter all such
1-37 bonds shall be submitted to the Attorney General for his approval,
1-38 and the Comptroller for registration, as provided by law, provided
1-39 that any such bonds after approval, may be issued by the city,
1-40 either optional or serial or otherwise as may be deemed advisable
1-41 by the governing authority. Whenever any city has heretofore been
1-42 authorized, under any special charter, creating such city, to issue
1-43 any bonds by the terms of such charter, the provisions of this
1-44 chapter shall not be construed to interfere with the issuance of
1-45 any such bonds under the provisions of any charter under which such
1-46 bonds were authorized.
1-47 2. To prohibit the use of any street, alley, highway
1-48 or grounds of the city by any telegraph, telephone, electric light,
1-49 street railway, interurban railway, steam railway, gas company, or
1-50 any other character of public utility without first obtaining the
1-51 consent of the governing authorities expressed by ordinance and
1-52 upon paying such compensation as may be prescribed and upon such
1-53 condition as may be provided by any such ordinance. To determine,
1-54 fix and regulate the charges, fares or rates of any person, firm or
1-55 corporation enjoying or that may enjoy the franchise or exercising
1-56 any other public privilege in said city and to prescribe the kind
1-57 of service to be furnished by such person, firm or corporation, and
1-58 the manner in which it shall be rendered, and from time to time
1-59 alter or change such rules, regulations and compensation; provided
1-60 that in adopting such regulations and in fixing or changing such
1-61 compensation, or determining the reasonableness thereof, no stock
1-62 or bonds authorized or issued by any corporation enjoying the
1-63 franchise shall be considered unless proof that the same have been
1-64 actually issued by the corporation for money paid and used for the
1-65 development of the corporate property, labor done or property
1-66 actually received in accordance with the laws and Constitution of
1-67 this State applicable thereto. In order to ascertain all facts
1-68 necessary for a proper understanding of what is or should be a
2-1 reasonable rate or regulation, the governing authority shall have
2-2 full power to inspect the books and compel the attendance of
2-3 witnesses for such purpose.
2-4 3. To have exclusive dominion, control, and
2-5 jurisdiction in, over and under the public streets, avenues,
2-6 alleys, highways and boulevards, and public grounds of such city
2-7 and to provide for the improvement of any public street, alleys,
2-8 highways, avenues or boulevards by paving, raising, grading,
2-9 filling or otherwise improving the same and to charge the cost of
2-10 making such improvement against the abutting property, by fixing a
2-11 lien against the same, and a personal charge against the owner
2-12 thereof according to an assessment specially levied therefor in an
2-13 amount not to exceed the special benefit any such property received
2-14 in enhanced value by reason of making such improvement, and to
2-15 provide for the issuance of assignable certificates covering the
2-16 payments for said cost, provided that the charter shall apportion
2-17 the cost to be paid by the property owners and the amount to be
2-18 paid by the city, and provided further, that all street railways,
2-19 steam railways, or other railways, shall pay the cost of improving
2-20 the said street between the rails and tracks of any such railway
2-21 companies and for two feet on each side thereof. The city shall
2-22 have the power to provide for the construction and building of
2-23 sidewalks and charge the entire cost of constructing of said
2-24 sidewalks, including the curb, against the owner of abutting
2-25 property, and to make a special charge against the owner for such
2-26 cost and to provide by special assessment a lien against such
2-27 property for such cost; to have the power to provide for the
2-28 improvement of any such sidewalk or the construction of any such
2-29 curb by penal ordinance and to declare defective sidewalks to be a
2-30 public nuisance. The power herein granted for making street
2-31 improvements and assessing the cost by special assessment in the
2-32 manner herein stated shall not be construed to prevent any city
2-33 from adopting any other method or plan for the improvement of its
2-34 streets, sidewalks, alleys, curbs, or boulevards, as it may deem
2-35 advisable by its charter.
2-36 4. To open, extend, straighten, widen any public
2-37 street, alley, avenue or boulevard and for such purpose to acquire
2-38 the necessary lands and to appropriate the same under the power of
2-39 eminent domain and to provide that the cost of improving any such
2-40 street, alley, avenue or boulevard by opening, extending and
2-41 widening the same shall be paid by the owners of property specially
2-42 benefited whose property lies in the territory of such improvement
2-43 and to provide that the cost shall be charged by special assessment
2-44 and that a personal charge shall be made against any owner for the
2-45 amount due by him and to provide for the appointment by the county
2-46 judge or other officer exercising like or similar powers, of three
2-47 special commissioners for the purpose of condemning the said lands
2-48 and for the purpose of apportioning the said cost, which
2-49 apportionment of said cost shall be specially assessed by the
2-50 governing authorities against the owners and the property of the
2-51 owners lying in the territory so found to be specially benefited in
2-52 enhanced value by said special commissioners. The city shall pay
2-53 such portion of such cost as may be determined by the said special
2-54 commissioners, provided the same shall never exceed one third the
2-55 cost, and the property owners and their property shall be liable
2-56 for the balance of the same as may be apportioned by said
2-57 commissioners. The city may issue assignable certificates for the
2-58 payment of any such cost against such property owners and may
2-59 provide for the payment of any such cost in deferred payments, to
2-60 bear interest at such rate as may be prescribed by the charter not
2-61 to exceed eight per cent. The city may adopt any other method for
2-62 the opening, straightening, widening or extending of its streets as
2-63 herein provided for as may be deemed advisable, and charge the cost
2-64 of same against the property and the owner specially benefited in
2-65 enhanced value and lying in the territory of said improvement, that
2-66 its charter may provide. The authority to adopt any other method
2-67 shall include the manner of appointing commissioners, the manner of
2-68 giving notice and the manner of fixing assessments or providing for
2-69 the payment of any such improvement.
2-70 5. To control, regulate and remove all obstructions or
3-1 other encroachments or encumbrances on any public street, alley or
3-2 ground, and to narrow, alter, widen or straighten any such streets,
3-3 alleys, avenues or boulevards, and to vacate and abandon and close
3-4 any such streets, alleys, avenues or boulevards, and to regulate
3-5 and control the moving of buildings or other structures over and
3-6 upon the streets or avenues of such city.
3-7 6. To license, operate and control the operation of
3-8 all character of vehicles using the public streets, including
3-9 motorcycles, automobiles or like vehicles, and to prescribe the
3-10 speed of the same, the qualification of the operator of the same,
3-11 and the lighting of the same by night and to provide for the giving
3-12 bond or other security for the operation of the same.
3-13 7. To regulate and restrict access to streets,
3-14 avenues, alleys, and boulevards in the municipality on which the
3-15 dwelling of a former president of the United States is located,
3-16 including the installation and maintenance of fences, gates, or
3-17 other structures. The municipality may act alone or in conjunction
3-18 with another entity or person.
3-19 8. Provided that in all cities of over twenty-five
3-20 thousand inhabitants, the governing body of such city, when the
3-21 public service of such city may require the same, shall have the
3-22 right and power to compel any street railway or other public
3-23 utility corporation to extend its lines of service into any section
3-24 of said city not to exceed two miles, all told, in any one year.
3-25 9. <8.> Whenever any city may determine to acquire any
3-26 public utility using and occupying its streets, alleys, and avenues
3-27 as hereinbefore provided, and it shall be necessary to condemn the
3-28 said public utility, the city may obtain funds for the purpose of
3-29 acquiring the said public utility and paying the compensation
3-30 therefor, by issuing bonds, notes or other evidence of indebtedness
3-31 and shall secure the same by fixing a lien upon the said properties
3-32 constituting the said public utility so acquired by condemnation or
3-33 purchase or otherwise; said security shall apply alone to said
3-34 properties so pledged; and such further regulations may be provided
3-35 by any charter for the proper financing or raising the revenue
3-36 necessary for obtaining any public utilities and providing for the
3-37 fixing of said security.
3-38 SECTION 2. The importance of this legislation and the
3-39 crowded condition of the calendars in both houses create an
3-40 emergency and an imperative public necessity that the
3-41 constitutional rule requiring bills to be read on three several
3-42 days in each house be suspended, and this rule is hereby suspended,
3-43 and that this Act take effect and be in force from and after its
3-44 passage, and it is so enacted.
3-45 * * * * *
3-46 Austin,
3-47 Texas
3-48 May 25, 1993
3-49 Hon. Bob Bullock
3-50 President of the Senate
3-51 Sir:
3-52 We, your Committee on Intergovernmental Relations to which was
3-53 referred H.B. No. 2854, have had the same under consideration, and
3-54 I am instructed to report it back to the Senate with the
3-55 recommendation that it do pass and be printed.
3-56 Armbrister,
3-57 Chairman
3-58 * * * * *
3-59 WITNESSES
3-60 FOR AGAINST ON
3-61 ___________________________________________________________________
3-62 Name: Jim Short x
3-63 Representing: City of Houston
3-64 City: Fulshear
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