By Flores H.B. No. 3684
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to gates on third-class neighborhood roads.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 251.010, Transportation Code is amended
1-5 to read:
1-6 (a) A person or a homeowner's association who owns or
1-7 controls real property on which a third-class road or a
1-8 neighborhood road established under Section 251.053 is located for
1-9 which the right-of-way was obtained without cost to the county may
1-10 erect a gate across the road when necessary. The person shall
1-11 place a permanent hitching post and stile block on each side of the
1-12 gate within 60 feet of the gate. The gate must be:
1-13 (1) at least 10 feet wide;
1-14 (2) free of obstructions above the gate;
1-15 (3) constructed so that opening and shutting the gate
1-16 will not cause unnecessary delay to emergency personnel or a person
1-17 using the road; and
1-18 (4) constructed with a fastening to hold the gate open
1-19 until a person using the gate passes through it.
1-20 (b) The property owner or homeowners association shall keep
1-21 the gate and the approaches to the gate in good order.
2-1 SECTION 2. This Act takes effect September 1, 1999.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three consecutive
2-6 days in each house be suspended, and that this Act takes effect and
2-7 be in force from and after its passage, and it is so enacted.