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.