SRC-DPW H.B. 1703 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1703
By: Gallego (Madla)
Intergovernmental Relations
5/11/1999
Engrossed


DIGEST 

Currently, the state or a political subdivision is not authorized to
enforce traffic rules and regulations on private property such as
privately-owned subdivisions and gated-communities.  Residents in some
subdivisions may be unable to generate enough revenue to pay the
contractors to enforce traffic laws within the subdivision.  This bill
would authorize a commissioners court of a county to extend traffic rules
and regulations to roads in certain private subdivisions. 

PURPOSE

As proposed, H.B. 1703 authorizes a commissioners court of a county to
extend traffic rules and regulations to roads in certain private
subdivisions. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a commissioners court of a county in
SECTION 1 (Section 542.007, Transportation Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 542A, Transportation Code, by adding Section
542.007, as follows: 

Sec. 542.007. TRAFFIC REGULATIONS; PRIVATE SUBDIVISION IN CERTAIN COUNTIES.
Provides that this section applies only to a subdivision that is located in
the unincorporated area of a county with a population of 10,000 or less.
Authorizes the commissioners court of a county (commissioners court), by
order, to extend traffic rules that apply to a county road to the roads of
a subdivision in which the roads are privately maintained, on petition of
25 percent of the property owners of the subdivision or at the request of
the governing body of the entity that maintains the roads, of the
commissioners court finds the order in the interest of the county
generally.  Requires the petition to specify the traffic rules that are
sought to be extended, and authorizes the court order to extend all of the
requested traffic rules. Authorizes the commissioner court to require the
property owners of the subdivision pay all or part of the cost of extending
and enforcing the traffic rules.  Requires the commissioners court to
consult with the sheriff of the county to determine the cost of enforcing
the traffic rules in the subdivision.  Provides that on issuance of an
order under this section, the private roads in the subdivision are
considered to be county roads.  Authorizes the commissioners court to place
official traffic control devices on property abutting the private roads if
those devices relate to the specified traffic rule, and the consent of the
owner of that property is obtained.   

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.