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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