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.