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.