1-1 By: Henderson S.B. No. 1464
1-2 (In the Senate - Filed April 30, 1993; May 3, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; May 12, 1993, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 12, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation by home-rule municipalities of streets,
1-22 avenues, alleys, and boulevards on which certain residences are
1-23 located.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Article 1175, Revised Statutes, is amended to
1-26 read as follows:
1-27 Art. 1175. Enumerated powers. A home-rule municipality has
1-28 the following powers:
1-29 1. The power to issue bonds upon the credit of the
1-30 city for the purpose of making permanent public improvements or for
1-31 other public purposes in the amount and to the extent provided by
1-32 such charter, and consistent with the Constitution of this State;
1-33 provided, that said bonds shall have first been authorized by a
1-34 majority vote by the duly qualified property tax-paying voters
1-35 voting at an election held for that purpose. Thereafter all such
1-36 bonds shall be submitted to the Attorney General for his approval,
1-37 and the Comptroller for registration, as provided by law, provided
1-38 that any such bonds after approval, may be issued by the city,
1-39 either optional or serial or otherwise as may be deemed advisable
1-40 by the governing authority. Whenever any city has heretofore been
1-41 authorized, under any special charter, creating such city, to issue
1-42 any bonds by the terms of such charter, the provisions of this
1-43 chapter shall not be construed to interfere with the issuance of
1-44 any such bonds under the provisions of any charter under which such
1-45 bonds were authorized.
1-46 2. To prohibit the use of any street, alley, highway
1-47 or grounds of the city by any telegraph, telephone, electric light,
1-48 street railway, interurban railway, steam railway, gas company, or
1-49 any other character of public utility without first obtaining the
1-50 consent of the governing authorities expressed by ordinance and
1-51 upon paying such compensation as may be prescribed and upon such
1-52 condition as may be provided by any such ordinance. To determine,
1-53 fix and regulate the charges, fares or rates of any person, firm or
1-54 corporation enjoying or that may enjoy the franchise or exercising
1-55 any other public privilege in said city and to prescribe the kind
1-56 of service to be furnished by such person, firm or corporation, and
1-57 the manner in which it shall be rendered, and from time to time
1-58 alter or change such rules, regulations and compensation; provided
1-59 that in adopting such regulations and in fixing or changing such
1-60 compensation, or determining the reasonableness thereof, no stock
1-61 or bonds authorized or issued by any corporation enjoying the
1-62 franchise shall be considered unless proof that the same have been
1-63 actually issued by the corporation for money paid and used for the
1-64 development of the corporate property, labor done or property
1-65 actually received in accordance with the laws and Constitution of
1-66 this State applicable thereto. In order to ascertain all facts
1-67 necessary for a proper understanding of what is or should be a
1-68 reasonable rate or regulation, the governing authority shall have
2-1 full power to inspect the books and compel the attendance of
2-2 witnesses for such purpose.
2-3 3. To have exclusive dominion, control, and
2-4 jurisdiction in, over and under the public streets, avenues,
2-5 alleys, highways and boulevards, and public grounds of such city
2-6 and to provide for the improvement of any public street, alleys,
2-7 highways, avenues or boulevards by paving, raising, grading,
2-8 filling or otherwise improving the same and to charge the cost of
2-9 making such improvement against the abutting property, by fixing a
2-10 lien against the same, and a personal charge against the owner
2-11 thereof according to an assessment specially levied therefor in an
2-12 amount not to exceed the special benefit any such property received
2-13 in enhanced value by reason of making such improvement, and to
2-14 provide for the issuance of assignable certificates covering the
2-15 payments for said cost, provided that the charter shall apportion
2-16 the cost to be paid by the property owners and the amount to be
2-17 paid by the city, and provided further, that all street railways,
2-18 steam railways, or other railways, shall pay the cost of improving
2-19 the said street between the rails and tracks of any such railway
2-20 companies and for two feet on each side thereof. The city shall
2-21 have the power to provide for the construction and building of
2-22 sidewalks and charge the entire cost of constructing of said
2-23 sidewalks, including the curb, against the owner of abutting
2-24 property, and to make a special charge against the owner for such
2-25 cost and to provide by special assessment a lien against such
2-26 property for such cost; to have the power to provide for the
2-27 improvement of any such sidewalk or the construction of any such
2-28 curb by penal ordinance and to declare defective sidewalks to be a
2-29 public nuisance. The power herein granted for making street
2-30 improvements and assessing the cost by special assessment in the
2-31 manner herein stated shall not be construed to prevent any city
2-32 from adopting any other method or plan for the improvement of its
2-33 streets, sidewalks, alleys, curbs, or boulevards, as it may deem
2-34 advisable by its charter.
2-35 4. To open, extend, straighten, widen any public
2-36 street, alley, avenue or boulevard and for such purpose to acquire
2-37 the necessary lands and to appropriate the same under the power of
2-38 eminent domain and to provide that the cost of improving any such
2-39 street, alley, avenue or boulevard by opening, extending and
2-40 widening the same shall be paid by the owners of property specially
2-41 benefited whose property lies in the territory of such improvement
2-42 and to provide that the cost shall be charged by special assessment
2-43 and that a personal charge shall be made against any owner for the
2-44 amount due by him and to provide for the appointment by the county
2-45 judge or other officer exercising like or similar powers, of three
2-46 special commissioners for the purpose of condemning the said lands
2-47 and for the purpose of apportioning the said cost, which
2-48 apportionment of said cost shall be specially assessed by the
2-49 governing authorities against the owners and the property of the
2-50 owners lying in the territory so found to be specially benefited in
2-51 enhanced value by said special commissioners. The city shall pay
2-52 such portion of such cost as may be determined by the said special
2-53 commissioners, provided the same shall never exceed one third the
2-54 cost, and the property owners and their property shall be liable
2-55 for the balance of the same as may be apportioned by said
2-56 commissioners. The city may issue assignable certificates for the
2-57 payment of any such cost against such property owners and may
2-58 provide for the payment of any such cost in deferred payments, to
2-59 bear interest at such rate as may be prescribed by the charter not
2-60 to exceed eight per cent. The city may adopt any other method for
2-61 the opening, straightening, widening or extending of its streets as
2-62 herein provided for as may be deemed advisable, and charge the cost
2-63 of same against the property and the owner specially benefited in
2-64 enhanced value and lying in the territory of said improvement, that
2-65 its charter may provide. The authority to adopt any other method
2-66 shall include the manner of appointing commissioners, the manner of
2-67 giving notice and the manner of fixing assessments or providing for
2-68 the payment of any such improvement.
2-69 5. To control, regulate and remove all obstructions or
2-70 other encroachments or encumbrances on any public street, alley or
3-1 ground, and to narrow, alter, widen or straighten any such streets,
3-2 alleys, avenues or boulevards, and to vacate and abandon and close
3-3 any such streets, alleys, avenues or boulevards, and to regulate
3-4 and control the moving of buildings or other structures over and
3-5 upon the streets or avenues of such city.
3-6 6. To license, operate and control the operation of
3-7 all character of vehicles using the public streets, including
3-8 motorcycles, automobiles or like vehicles, and to prescribe the
3-9 speed of the same, the qualification of the operator of the same,
3-10 and the lighting of the same by night and to provide for the giving
3-11 bond or other security for the operation of the same.
3-12 7. To regulate and restrict access to streets,
3-13 avenues, alleys, and boulevards in the municipality on which the
3-14 dwelling of a former president of the United States is located,
3-15 including the installation and maintenance of fences, gates, or
3-16 other structures. The municipality may act alone or in conjunction
3-17 with another entity or person.
3-18 8. Provided that in all cities of over twenty-five
3-19 thousand inhabitants, the governing body of such city, when the
3-20 public service of such city may require the same, shall have the
3-21 right and power to compel any street railway or other public
3-22 utility corporation to extend its lines of service into any section
3-23 of said city not to exceed two miles, all told, in any one year.
3-24 9. <8.> Whenever any city may determine to acquire any
3-25 public utility using and occupying its streets, alleys, and avenues
3-26 as hereinbefore provided, and it shall be necessary to condemn the
3-27 said public utility, the city may obtain funds for the purpose of
3-28 acquiring the said public utility and paying the compensation
3-29 therefor, by issuing bonds, notes or other evidence of indebtedness
3-30 and shall secure the same by fixing a lien upon the said properties
3-31 constituting the said public utility so acquired by condemnation or
3-32 purchase or otherwise; said security shall apply alone to said
3-33 properties so pledged; and such further regulations may be provided
3-34 by any charter for the proper financing or raising the revenue
3-35 necessary for obtaining any public utilities and providing for the
3-36 fixing of said security.
3-37 SECTION 2. The importance of this legislation and the
3-38 crowded condition of the calendars in both houses create an
3-39 emergency and an imperative public necessity that the
3-40 constitutional rule requiring bills to be read on three several
3-41 days in each house be suspended, and this rule is hereby suspended,
3-42 and that this Act take effect and be in force from and after its
3-43 passage, and it is so enacted.
3-44 * * * * *
3-45 Austin,
3-46 Texas
3-47 May 12, 1993
3-48 Hon. Bob Bullock
3-49 President of the Senate
3-50 Sir:
3-51 We, your Committee on Intergovernmental Relations to which was
3-52 referred S.B. No. 1464, have had the same under consideration, and
3-53 I am instructed to report it back to the Senate with the
3-54 recommendation that it do pass and be printed.
3-55 Armbrister,
3-56 Chairman
3-57 * * * * *
3-58 WITNESSES
3-59 FOR AGAINST ON
3-60 ___________________________________________________________________
3-61 Name: Barbara Patton x
3-62 Representing: West Oaks Subdivisions
3-63 City: Houston
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