By Gutierrez H.B. No. 1053 75R223 SKB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to access to neighborhood streets or alleys in certain 1-3 municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 311, Transportation Code, 1-6 is amended by adding Section 311.905 to read as follows: 1-7 Sec. 311.905. RESTRICTED ACCESS TO NEIGHBORHOOD STREET OR 1-8 ALLEY. (a) This section applies only to a municipality with a 1-9 population of 80,000 or more. 1-10 (b) The governing body of the municipality may adopt an 1-11 ordinance to restrict access to a neighborhood street or alley if 1-12 the governing body determines that a compelling safety interest 1-13 exists. 1-14 (c) A municipality shall consider the following factors to 1-15 determine whether a compelling safety interest exists: 1-16 (1) traffic activity on the street or alley, 1-17 including: 1-18 (A) the number of citations issued for traffic 1-19 offenses; 1-20 (B) the volume of traffic; and 1-21 (C) the frequency of accidents; 1-22 (2) criminal activity in the neighborhood, including 1-23 the rate of: 1-24 (A) arrests; and 2-1 (B) calls by neighborhood residents to law 2-2 enforcement; and 2-3 (3) other factors that the governing body determines 2-4 may constitute a compelling safety interest. 2-5 (d) The method by which access is restricted to a 2-6 neighborhood street or alley shall ensure that the following 2-7 persons have a means of access: 2-8 (1) neighborhood residents; 2-9 (2) law enforcement personnel; 2-10 (3) health and safety personnel; 2-11 (4) invitees of neighborhood residents; and 2-12 (5) other persons the governing body determines 2-13 require access. 2-14 (e) The authority granted under this section includes the 2-15 authority to install and maintain a fence, gate, or other 2-16 structure. 2-17 (f) A municipality may adopt an ordinance under this section 2-18 only after conducting a public hearing on the proposed ordinance at 2-19 which the public is given the opportunity to present testimony and 2-20 written evidence about the proposed ordinance. The municipality 2-21 shall give at least two weeks' public notice of the hearing. The 2-22 governing body shall publish notice of the time, place, and subject 2-23 of the hearing in English and Spanish in at least one newspaper of 2-24 general circulation in the municipality. The governing body shall 2-25 provide notice by mail of the time, place, and subject of the 2-26 hearing to the residents of the neighborhood affected by the 2-27 proposed ordinance. 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.