1-1 By: Gallego (Senate Sponsor - Madla) H.B. No. 1703 1-2 (In the Senate - Received from the House April 23, 1999; 1-3 April 26, 1999, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 14, 1999, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 4, Nays 1-6 0; May 14, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1703 By: Madla 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the application and enforcement of traffic regulations 1-11 in private subdivisions. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter A, Chapter 542, Transportation Code, 1-14 is amended by adding Section 542.007 to read as follows: 1-15 Sec. 542.007. TRAFFIC REGULATIONS: PRIVATE SUBDIVISIONS. 1-16 (a) On petition of 25 percent of the property owners residing in a 1-17 subdivision located entirely in the unincorporated area of a county 1-18 in which the roads are privately maintained or on the request of 1-19 the governing body of the entity that maintains those roads, the 1-20 commissioners court of the county by order may extend any traffic 1-21 rules that apply to a county road to the roads of the subdivision 1-22 if the commissioners court finds the order in the interest of the 1-23 county generally. The petition must specify the traffic rules that 1-24 are sought to be extended. The court order may extend any or all 1-25 of the requested traffic rules. 1-26 (b) As a condition of extending a traffic rule under 1-27 Subsection (a), the commissioners court may require that owners of 1-28 the property in the subdivision pay all or part of the cost of 1-29 extending and enforcing the traffic rules in the subdivision. 1-30 (c) On issuance of an order under Subsection (a), the 1-31 private roads in the subdivision are considered to be county roads 1-32 for purposes of the application and enforcement of the specified 1-33 traffic rules. The commissioners court may place official traffic 1-34 control devices on property abutting the private roads if: 1-35 (1) those devices relate to the specified traffic 1-36 rule; and 1-37 (2) the consent of the owner of that property is 1-38 obtained. 1-39 (d) The governing body of a municipality by ordinance may 1-40 extend any traffic rules of this subtitle to privately maintained 1-41 roads in a subdivision that is located entirely in the municipality 1-42 and has 50 or more residents if: 1-43 (1) a plat of the subdivision has been filed in the 1-44 deed records of the county in which the subdivision is located; 1-45 (2) a request is made to the governing body of the 1-46 municipality by: 1-47 (A) a petition signed by 25 percent of the 1-48 property owners residing in the subdivision; or 1-49 (B) the governing body of the entity that 1-50 maintains the roads; and 1-51 (3) the request specifies the traffic rules that are 1-52 sought to be extended. 1-53 (e) An ordinance may not be adopted under Subsection (d) 1-54 unless: 1-55 (1) the municipality finds the ordinance in the 1-56 interest of the public generally; and 1-57 (2) the ordinance specifies the traffic rules of this 1-58 subtitle that apply to the roads in the subdivision. 1-59 (f) If after a request is made under Subsection (d)(2) the 1-60 governing body of the municipality does not adopt an ordinance 1-61 under Subsection (d) within 90 days after the date the request is 1-62 made, the municipality shall hold a public hearing on making the 1-63 traffic rules apply to the roads in the subdivision as provided in 1-64 the request. The municipality shall publish notice of the hearing 2-1 in a newspaper of general circulation in the municipality not later 2-2 than the 10th day before the date of the hearing. 2-3 (g) At the hearing, if the governing body of the 2-4 municipality finds that the ordinance would be in the interest of 2-5 the public generally, the municipality shall adopt an ordinance 2-6 extending the traffic rules to the roads as provided in the 2-7 request. 2-8 (h) If the governing body of a municipality adopts an 2-9 ordinance under this section: 2-10 (1) the private roads in the subdivision are 2-11 considered to be municipal streets for the purposes of the 2-12 application and enforcement of the specified traffic rules; and 2-13 (2) the municipality may place official traffic 2-14 control devices on property abutting the private roads if: 2-15 (A) those devices relate to the specified 2-16 traffic rule; 2-17 (B) the devices are paid for by the entity that 2-18 maintains the road; and 2-19 (C) the consent of the owner of that property is 2-20 obtained. 2-21 SECTION 2. This Act takes effect September 1, 1999. 2-22 SECTION 3. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended. 2-27 * * * * *