SRC-S.B. 217 77(R)BILL ANALYSIS


Senate Research CenterS.B. 217
By: Fraser
Intergovernmental Relations
6/22/2001
Enrolled


DIGEST AND PURPOSE 

Currently, privately owned roads within a municipality are not usually
subject to the municipality's traffic laws.  S.B. 217 allows municipalities
to extend traffic regulations to privately owned roads located within the
municipality, and it allows the cost of the extension and enforcement of
the traffic rules to be absorbed by the owner of the private road. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 542A, Transportation Code, by adding Section
542.008, as follows: 

Sec. 542.008.  TRAFFIC REGULATIONS:  PRIVATE SUBDIVISIONS IN CERTAIN
MUNICIPALITIES.  (a)  Limits the applicability of this section to a
subdivision in which the roads are privately owned or maintained that is
located in a municipality with a population of 300 or more. 

(b)  Authorizes the governing body of the municipality, on petition of 25
percent of property owners residing in the subdivision or on the request of
the governing body of the entity that maintains the roads, to extend by
ordinance any traffic rules that apply to a road owned by the municipality
or by the county in which the municipality is located, to the roads in the
subdivision.  Provides that this ordinance is for the purpose of having the
roads of the subdivision under the same traffic rules, provided that the
governing body finds the ordinance in the interest of the municipality
generally.  Requires a petition under this subsection to specify the
traffic rules that are sought to be extended. Authorizes the ordinance to
extend any or all of the requested rules. 

(c)  Authorizes the governing body of the municipality, as a condition of
extending a traffic rule under Subsection (b), to require that owners of
property in the subdivision pay all or part of the cost of extending and
enforcing the traffic rules in the subdivision, including the costs
associated with the placement of necessary official traffic control
devices.  Requires the governing body of the municipality to consult with
the appropriate law enforcement entity to determine the cost of enforcing
traffic rules in the subdivision. 

(d)  Provides that on issuance of an order under this section, the private
roads in the subdivision are considered to be public highways or streets
for purposes of the application and enforcement of the specified traffic
rules.  Authorizes the governing body of the municipality 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 or an easement is available for the placement. 
 
SECTION 2.  Amends Section 542.007(a), Transportation Code, to provide that
this section applies only to a subdivision that is located in the
unincorporated area of a county with a population of 100,000 or less,
rather than 10,000 or less. 

SECTION 3.  Effective date:  September 1, 2001.