By Ellis H.B. No. 1855 77R6022 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to enforcement of traffic laws on private roads in certain 1-3 subdivisions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 542, Transportation Code, is 1-6 amended by adding Section 542.008 to read as follows: 1-7 Sec. 542.008. TRAFFIC REGULATIONS ON PRIVATE ROADS IN 1-8 CERTAIN SUBDIVISIONS. (a) This section applies only to a 1-9 subdivision: 1-10 (1) with at least 100 residents; and 1-11 (2) for which a plat has been filed in the deed 1-12 records of the county. 1-13 (b) On the approval of the county and any municipality in 1-14 which a subdivision is located, a majority of the real property 1-15 owners in the subdivision may petition the Texas Transportation 1-16 Commission to extend the restrictions of this subtitle to the 1-17 private roads in the subdivision designated in the petition. 1-18 (c) After the commission receives a petition and verifies 1-19 the property ownership of its signers and the required county and 1-20 municipal approval, the commission may issue an order extending the 1-21 restrictions of this subtitle to the private roads designated in 1-22 the petition if the commission finds the order is in the interests 1-23 of the area residents and the public generally. 1-24 (d) If the commission rejects the petition, the commission 2-1 shall hold a public hearing on the advisability of making the 2-2 restrictions of this subtitle applicable. The hearing must be held 2-3 in the county in which the subdivision is located. The commission 2-4 shall publish notice of the hearing in a newspaper of general 2-5 circulation in that county at least 10 days before the date of the 2-6 hearing. 2-7 (e) At the hearing, if the commission finds that it would be 2-8 in the interests of the area residents and the public generally, 2-9 the commission shall issue an order extending the restrictions of 2-10 this subtitle to the designated private roads. 2-11 (f) After the commission issues an order under this section, 2-12 the designated private roads are public highways for purposes of 2-13 the restrictions of this subtitle, and the commission shall place 2-14 any necessary traffic control devices on property abutting the 2-15 private road with the consent of the owner of the property. 2-16 SECTION 2. This Act takes effect immediately if it receives 2-17 a vote of two-thirds of all the members elected to each house, as 2-18 provided by Section 39, Article III, Texas Constitution. If this 2-19 Act does not receive the vote necessary for immediate effect, this 2-20 Act takes effect September 1, 2001.