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.