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.