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. Subsection (a), Section 542.007, Transportation
2-18 Code, is amended to read as follows:
2-19 (a) This section applies only to a subdivision that is
2-20 located in the unincorporated area of a county with a population of
2-21 100,000 [10,000] or less.
2-22 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 217 passed the Senate on
March 7, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 25, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 217 passed the House, with
amendment, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor