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


Senate Research CenterC.S.S.B. 217
77R1018 DWS-FBy: Fraser
Intergovernmental Relations
1/30/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, privately owned roads within a municipality are not usually
subject to the municipality's traffic laws.  As proposed, C.S.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, to add 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 25 percent of the
residents of the municipality, or on the request of the governing body of
the entity that maintains those 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 and the municipality under the same traffic rules, if 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.  Effective date:  September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 217, Section 542.008(b), Transportation
Code, to change the percentage of property owners in a subdivision who must
petition for the extension of traffic rules from 10 percent to 25 percent. 

SECTION 2.  No change.