BILL ANALYSIS H.B. 277 By: Bosse 03-22-95 Committee Report (Amended) BACKGROUND Current statute (Vernon's Texas Civil Statutes, Article 6701d, Section 96) does not regulate the parking of commercial tractor-trailer vehicles on residential streets. Several subdivisions in unincorporated areas of Harris County have experienced problems with overnight parking of large commercial trucks on residential streets. It is unsightly and could effect property values, is poses a safety problem, the residential streets are frequently not built to withstand this traffic, and there is an associated noise problem. Although most subdivision restrictions prohibit this kind of activity, the remedy under the restrictions is to bring a civil injunctive suit. For transient trucks this is not practical. PURPOSE The bill makes it an offense to park a commercial motor vehicle in a residential subdivision overnight if it is not preforming work and the subdivision meets certain requirements. It would be a Class C misdemeanor like other traffic offenses and a tickets could be written by local law enforcement agencies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. It does allow unincorporated subdivisions to restrict the hours a commercial motor vehicle can park in that subdivision by a vote of the people. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article XII, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernons Texas Civil Statutes by adding Section 96A. Section 96A has several subsections which do the following: Subsection (a) Defines "commercial motor vehicle, and "Residential subdivision." Subsection (b) restricts the time a person may park a commercial motor vehicle on a residential street unless the commercial motor vehicle is parked for a period necessary to perform work or to transport persons or property to or from the residential subdivision if the conditions set out in Subsection (c) are met. Subsection (c) requires the county or municipality in which the subdivision is situated to post signs at each entrance of the subdivision through which a commercial motor vehicle may enter the subdivision stating, in letters at least two inches high that overnight parking of ta commercial motor vehicle is prohibited in the subdivision if at least 25% of the owners or tenants of residences in the subdivision so request. Subsection (d) allows the county or municipality receiving a petition to require that the residents of the residential subdivision requesting a sign pay for the sign. Subsection (e) states that a person parking a commercial motor vehicle in violation of a sign commits an offense. Subsection (f) applies the bill to counties with a population of more than 2.5 million. SECTION 2. Effective date of September 1, 1995 SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 amends H.B. 277 by striking the sentence that begins on page 2, line 27. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 2, 1995, at 4:46 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 8, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 2:04 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 277 and recognized the following persons who testified in support of H.B. 277: Judge Sandy Prindle, Justice of the Peace Association; Robert Soard, Sterling Green Community Improvement Association; Hector Barkley, Property Manager for Sterling Green Community Association. There were no persons testifying in opposition to H.B. 277. The Chair left H.B. 277 pending before the Committee. Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m., the House Committee on Transportation met in a public hearing on Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the Capitol Extension and was called to order at 6:54 p.m. after the rules were suspended on the House floor to meet in public hearing after the posted time, by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 277 by Bosse which was pending before the Committee. Representative Siebert laid out Committee Amendment #1 and without objection, Committee Amendment #1 was adopted. Representative Alonzo moved that the Committee report H.B. 277, as amended, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (5), Nayes (0), Absent (4), Present not voting (0).