By Bosse H.B. No. 277 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creation of an offense for parking a commercial motor 1-3 vehicle overnight in certain residential subdivisions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article XII, Uniform Act Regulating Traffic on 1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended 1-7 by adding Section 96A to read as follows: 1-8 Sec. 96A. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN 1-9 RESIDENTIAL SUBDIVISION. (a) In this section: 1-10 (1) "Commercial motor vehicle" has the meaning 1-11 assigned by the Texas Commercial Driver's License Act (Article 1-12 6687b-2, Revised Statutes), and includes a vehicle meeting that 1-13 definition regardless of whether the vehicle is used for a 1-14 commercial purpose. 1-15 (2) "Residential subdivision" means a subdivision: 1-16 (A) for which a plat is recorded in the county 1-17 real property records; and 1-18 (B) in which the majority of lots are subject to 1-19 deed restrictions limiting the lots to residential use. 1-20 (b) After 10 p.m. and before 6 a.m., a person may not park a 1-21 commercial motor vehicle on a street of a residential subdivision 1-22 for which signs are posted as provided by Subsection (c) of this 1-23 section unless the commercial motor vehicle: 1-24 (1) is transporting persons or property to or from the 2-1 residential subdivision or performing work in the subdivision; and 2-2 (2) remains parked in the subdivision only for the 2-3 period necessary to complete the transportation or work. 2-4 (c) The residents of a residential subdivision may petition 2-5 a county or municipality in which the subdivision is located for 2-6 the posting of signs prohibiting the overnight parking of a 2-7 commercial motor vehicle in the subdivision. The petition must be 2-8 signed by at least 25 percent of the owners or tenants of 2-9 residences in the subdivision. Not more than one person per 2-10 residential lot may sign the petition, and each person signing must 2-11 be at least 18 years of age. Promptly after the filing of a 2-12 petition meeting the requirements of this subsection and subject to 2-13 Subsection (d) of this section, the county or municipality 2-14 receiving the petition shall post the signs. The signs must: 2-15 (1) be posted at each entrance of the subdivision 2-16 through which a commercial motor vehicle may enter the subdivision; 2-17 and 2-18 (2) state, in letters at least two inches in height, 2-19 that overnight parking of a commercial motor vehicle is prohibited 2-20 in the subdivision. 2-21 (d) A county or municipality receiving a petition under 2-22 Subsection (c) of this section may condition the posting of the 2-23 signs on payment by the residents of the residential subdivision of 2-24 the cost of providing the signs. 2-25 (e) A person parking a commercial motor vehicle in violation 2-26 of Subsection (b) of this section commits an offense. 2-27 (f) This section does not limit the power of a municipality 3-1 to regulate the parking of commercial motor vehicles. 3-2 (g) For the purposes of this section, contiguous 3-3 subdivisions that are developed by the same entity or a successor 3-4 to that entity and that are given the same public name or a 3-5 variation of the same public name are considered one subdivision. 3-6 Separation of one of the subdivisions from another by a road, 3-7 stream, greenbelt, or similar barrier does not make the 3-8 subdivisions noncontiguous. 3-9 SECTION 2. This Act takes effect September 1, 1995. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.