JH C.S.H.B. 1053 75(R)BILL ANALYSIS


URBAN AFFAIRS
C.S.H.B. 1053
By: Gutierrez
3-27-97
Committee Report (Substituted)



BACKGROUND 

Neighborhoods and communities throughout the state of Texas are 
being plagued by crime and 
gang related violence.  Several of these communities, in an 
effort to promote neighborhood safety 
and combat crime, have come together and proposed numerous 
options for protecting 
themselves.  Among them is an attempt by members of the 
neighborhood to take back control of 
their community by restricting access to certain streets and 
alleys.

Chapter 311 of the Transportation Code is entitled General 
Provisions relating to Municipal 
Streets.  It contains the fundamental authority for the control 
of city streets, alleys, and 
sidewalks.

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-throughs, 
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 311.905.  
Applicable to any municipality with 
             population of 80,000 or more.  Applicable to cities, 
streets, and alleys 90% of 
  which  is abutted by single family residences.  Permits the 
adoption of an  
  ordinance to restrict access for  compelling safety reasons based 
on traffic, 
  citations, accidents, and criminal activity.  Requires assurance 
of access to 
  residents, law enforcement, and health personnel, invitees, 
utility personnel, and 
  others.  Regulates structures restricting access to state 
highways.  Requires public 
  hearing.  Prohibits restriction of access to roadways leading to 
other residential 
  areas and commercial developments subject to waiver.  Permits 
city to determine 
  hours of limited access.

SECTION 2.  Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds the 90% requirement, adds utility personnel 
to those entitled to access, adds 
provision concerning state highways, adds provision to access to 
commercial developments and 
residential areas (and providing for waivers) and adds provision