By:  Fraser                                            S.B. No. 217
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application and enforcement of traffic regulations
 1-3     in certain private subdivisions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 542, Transportation Code,
 1-6     is amended by adding Section 542.008 to read as follows:
 1-7           Sec. 542.008.  TRAFFIC REGULATIONS:  PRIVATE SUBDIVISIONS IN
 1-8     CERTAIN MUNICIPALITIES.  (a)  This section applies only to a
 1-9     subdivision in which the roads are privately owned or maintained
1-10     that is located in a municipality with a population of 300 or more.
1-11           (b)  On petition of 25 percent of the property owners
1-12     residing in the subdivision or on the request of the governing body
1-13     of the entity that maintains the roads, the governing body of the
1-14     municipality may extend by ordinance any traffic rules that apply
1-15     to a road owned by the municipality, or by the county in which the
1-16     municipality is located, to the roads in the subdivision so that
1-17     the roads of the subdivision are under the same traffic rules, if
1-18     the governing body of the municipality finds the ordinance in the
1-19     interest of the municipality generally.  A petition under this
1-20     subsection must specify the traffic rules that are sought to be
1-21     extended.  The ordinance may extend any or all of the requested
1-22     rules.
1-23           (c)  As a condition of extending a traffic rule under
1-24     Subsection (b), the governing body of the municipality may require
1-25     that owners of property in the subdivision pay all or part of the
 2-1     cost of extending and enforcing the traffic rules in the
 2-2     subdivision, including the costs associated with the placement of
 2-3     necessary official traffic control devices.  The governing body of
 2-4     the municipality shall consult with the appropriate law enforcement
 2-5     entity to determine the cost of enforcing traffic rules in the
 2-6     subdivision.
 2-7           (d)  On issuance of an order under this section, the private
 2-8     roads in the subdivision are considered to be public highways or
 2-9     streets for purposes of the application and enforcement of the
2-10     specified traffic rules.  The governing body of the municipality
2-11     may place official traffic control devices on property abutting the
2-12     private roads if:
2-13                 (1)  those devices relate to the specified traffic
2-14     rule; and
2-15                 (2)  the consent of the owner of that property is
2-16     obtained or an easement is available for the placement.
2-17           SECTION 2.  This Act takes effect September 1, 2001.