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.