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


Senate Research CenterC.S.H.B. 1703
76R15126 DRH-FBy: Gallego (Madla)
Intergovernmental Relations
5/13/1999
Committee Report (Substituted)


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, C.S.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 SUBDIVISIONS.  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
located entirely in the unincorporated area of a county 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, if 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.
Provides that on issuance of an order under this Subsection (a), 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.  Authorizes the governing body of a municipality (governing
body) by ordinance to extend any traffic rules of this subtitle to
privately maintained roads in a subdivision that is located entirely in the
municipality and has 50 or more residents, under certain conditions.   Sets
forth procedures required to be followed if the governing body does not
adopt an ordinance within 90 days after the date the request is made.  Sets
forth provisions regarding actions and considerations resulting from the
governing body's adoption of an ordinance under this section.   

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.