JH C.S.H.B. 730 75(R)BILL ANALYSIS URBAN AFFAIRS C.S.H.B. 730 By: Shields 3-27-97 Committee Report (Substituted) BACKGROUND The 73rd Legislature passed HB 2854, "relating to the regulation by home-rule municipalities of streets, avenues, alleys, and boulevards on which certain residences are located." Authority was granted municipalities to act alone or in conjunction with others to install and maintain a fence or like structure on a street occupied in part by a former President of the United States. Presently, no other persons or associations have the right to gate a portion of their residential neighborhoods without being charged the purchase price of the roadway, maintenance expenses for the road, cost of purchasing the utilities, and the costs of maintaining and repairing the utilities. This legislation grants authority for home owners to petition their home-rule municipality to allow gates and allows home-rule municipalities of specified population to allow petitioners to gate streets without incurring the aforementioned costs. PURPOSE To give homeowners in a neighborhood the prerogative to better secure their neighborhoods at night by giving them the tools to secure their safety, by helping stop uninvited drive-troughs, drive-by shootings, vandals and burglars. 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. SECTION BY SECTION ANALYSIS SECTION 1. Adds Transportation Code Section 311.009. Applicable to cities with a population exceeding 900,000 largely located in a county with a population under 1.5 million. Requires that the street in question be abutted by 90% single family residences and not be a major thoroughfare. Permits the city to limit access by gate or other structure upon petition of notarized signatures. Petition to be signed by representatives of Homeowners Association upon 75% approval of association membership or signed by 75% of lot owners of abutting roadway to be restricted. Requires access to be limited not later than 90 days after receipt of petition. Limits restriction of any block to two points. Restriction may be limited only between hours of 9:00 p.m. and 6:00 a.m. Requires submission of plan indicating means to insure access to residents, utility and emergency vehicles, and others. Makes Homeowners Association or lot owners responsible for maintaining means of restricting access. Requires identification of two persons representing the property owners or Homeowners Association who will be responsible for coordinating access and reachable 24 hours a day. Retains responsibility of municipality and utilities for street and utility maintenance. Limits structures regulating access to state highways. Requires public hearing to determine whether a roadway sought for restriction is a major thoroughfare meeting specified characteristics including 30 mph speed limit, traffic control signals, more than two lanes, and a budding park, school, public building, church, or commercial lot. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds population bracket, adds provision that major thoroughfares meeting specified characteristics not have access restricted. Deletes requirement that petition signatures be notarized, adds 75% requirement for petition, adds 90-day period for granting petition, adds limitation of 2 points for restricting access, adds requirement for filing plan, adds requirement for naming two individuals, adds provision relating to state highways, adds requirement of public hearing.