1-1 By: Flores (Senate Sponsor - Madla) H.B. No. 3684
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 13, 1999, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; May 13, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to gates on certain third-class and neighborhood roads.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 251.010(a), Transportation Code, is
1-12 amended to read as follows:
1-13 (a) A person, including a neighborhood association, who owns
1-14 or controls real property on which a third-class road or a
1-15 neighborhood road established under Section 251.053 is located for
1-16 which the right-of-way was obtained without cost to the county may
1-17 erect a gate across the road when necessary. The person shall
1-18 place a permanent hitching post and stile block on each side of the
1-19 gate within 60 feet of the gate. The gate must be:
1-20 (1) at least 10 feet wide;
1-21 (2) free of obstructions above the gate;
1-22 (3) constructed so that opening and shutting the gate
1-23 will not cause unnecessary delay to persons, including emergency
1-24 personnel, [a person] using the road; and
1-25 (4) constructed with a fastening to hold the gate open
1-26 until a person using the gate passes through it.
1-27 SECTION 2. This Act takes effect September 1, 1999.
1-28 SECTION 3. The importance of this legislation and the
1-29 crowded condition of the calendars in both houses create an
1-30 emergency and an imperative public necessity that the
1-31 constitutional rule requiring bills to be read on three several
1-32 days in each house be suspended, and this rule is hereby suspended.
1-33 * * * * *