HBA-MPA, ALS C.S.H.B. 3684 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3684 By: Flores Transportation 4/8/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, an owner of property containing a third-class road or a specified neighborhood road, the right-of-way of which was obtained without a cost to the county, may erect a gate across the road, if the gate meets certain requirements relating to its construction. C.S.H.B. 3684 allows a neighborhood association, in addition to a property owner, to erect this type of gate. This bill also prohibits the gate's construction from causing unnecessary delay to persons, including emergency personnel. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 251.010(a), Transportation Code, to authorize a person, including a neighborhood association, who owns or controls real property containing a third-class road or a specified neighborhood road, the right-of-way of which was obtained without a cost the county, to erect a gate across the road, if necessary. Provides that the gate must be constructed so that opening and shutting the gate will not cause unnecessary delay to persons, including emergency personnel. Makes a conforming change. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3684 differs from the original bill in SECTION 1 by substituting the phrase "including a neighborhood association" for the phrase "or a homeowner's association" in Section 251.010(a), Transportation Code, and making a nonsubstantive change to the wording of Subdivision (3). The substitute does not make a conforming change to existing Subsection (b), that occurs in the original bill.