By Shields H.B. No. 132
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation by home-rule municipalities of streets,
1-3 avenues, alleys, and boulevards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. A home-rule municipality has the following
1-6 powers:
1-7 1. To regulate and restrict access to streets,
1-8 avenues, alleys, and boulevards in the municipality, including the
1-9 erection of and maintenance of fences, gates, or other structures.
1-10 The municipality may act alone or in conjunction with another
1-11 entity or person.
1-12 2. Subject to the following provisions, a home-rule
1-13 municipality shall grant permission for the property-owners of a
1-14 street to erect and maintain fences, gates or other structures
1-15 which control access to the street:
1-16 a. Application shall be made in the form of a
1-17 petition on which the majority of the property-owners of the street
1-18 have expressed a desire that such a fence, gate, or other structure
1-19 be erected.
1-20 b. The cost of erecting and maintaining such
1-21 structure shall be borne equally by all property-owners of the
1-22 street.
1-23 c. The fence, gate or other structure may not
2-1 restrict access to the street by any vehicle between the hours of
2-2 6:00 am and 9:00 pm.
2-3 d. Provision shall be made for emergency
2-4 vehicles or vehicles operated by a utility to access the street at
2-5 all times.
2-6 e. Erection of a fence, gate or other structure
2-7 under the provisions of this Act shall not effect the
2-8 municipality's ownership of the street, nor its obligation to
2-9 maintain the street and any utilities located thereon.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and that this Act take effect and
2-15 be in force from and after its passage, and it is so enacted.