By Shields H.B. No. 730
75R1886 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to promoting security and safety for neighborhood
1-3 residents by permitting the limiting of access to certain municipal
1-4 streets and alleys.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 311, Transportation Code,
1-7 is amended by adding Section 311.009 to read as follows:
1-8 Sec. 311.009. LIMITING ACCESS TO STREET OR ALLEY IN
1-9 HOME-RULE MUNICIPALITY TO PROMOTE NEIGHBORHOOD SECURITY AND SAFETY.
1-10 (a) This section applies only to a street or alley of a home-rule
1-11 municipality if the lots or parcels constituting at least 90
1-12 percent of the lots or parcels abutting the street or alley are
1-13 improved with single-family residences.
1-14 (b) The governing body of a home-rule municipality shall
1-15 authorize a person to limit access by appropriate means, including
1-16 establishing a gate or similar structure, to a street or alley or a
1-17 portion of a street or alley of the municipality if a petition is
1-18 submitted to the governing body signed by:
1-19 (1) the authorized representatives of a homeowners
1-20 association that represents the owners of the lots or parcels
1-21 abutting the street or alley; or
1-22 (2) a majority of the owners of the lots or parcels
1-23 abutting the street or alley.
1-24 (c) Access to a portion less than one block in length of a
2-1 street or alley may not be limited under this section unless the
2-2 street or alley is only one block in length. Access to a street or
2-3 alley may not be limited under this section between the hours of 6
2-4 a.m. and 9 p.m.
2-5 (d) If access to a street or alley is limited as provided by
2-6 this section, the person responsible for providing and maintaining
2-7 a means for limiting access to the street or alley shall ensure
2-8 that:
2-9 (1) neighborhood residents, emergency vehicles,
2-10 vehicles operated by a utility, and representatives of a
2-11 governmental entity acting on behalf of the governmental entity
2-12 have access to the street or alley at all times; and
2-13 (2) other persons operating vehicles have a means to
2-14 obtain access to the street or alley if approved by a neighborhood
2-15 resident, the homeowners association, or the municipality.
2-16 (e) The homeowners association, if the homeowners
2-17 association submits the petition, or the property owners whose lots
2-18 or parcels abut the street or alley are liable for the cost of
2-19 providing and maintaining a means for limiting access. The
2-20 municipality that has jurisdiction of a street or alley for which
2-21 access is limited under this section remains responsible for
2-22 maintaining the street or alley. A utility servicing the property
2-23 abutting a street or alley for which access is limited under this
2-24 section remains responsible for maintaining service to the
2-25 property. The municipality or utility may not request
2-26 reimbursement from the homeowners association or the property
2-27 owners for those maintenance activities.
3-1 SECTION 2. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.