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.