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).