By Fraser                                              S.B. No. 217
         77R1018 DWS-F                           
                                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, is
 1-6     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 10 percent of the property owners
1-12     residing in the subdivision or 10 percent of the residents of the
1-13     municipality, or on the request of the governing body of the entity
1-14     that maintains those roads, the governing body of the municipality
1-15     may extend by ordinance any traffic rules that apply to a road
1-16     owned by the municipality or by the county in which the
1-17     municipality is located to the roads in the subdivision so that the
1-18     roads of the subdivision and municipality are under the same
1-19     traffic rules, if the governing body of the municipality finds the
1-20     ordinance in the interest of the municipality generally.  A
1-21     petition under this subsection must specify the traffic rules that
1-22     are sought to be extended.  The ordinance may extend any or all of
1-23     the requested rules.
1-24           (c)  As a condition of extending a traffic rule under
 2-1     Subsection (b), the governing body of the municipality may require
 2-2     that owners of property in the subdivision pay all or part of the
 2-3     cost of extending and enforcing the traffic rules in the
 2-4     subdivision, including the costs associated with the placement of
 2-5     necessary official traffic control devices. The governing body of
 2-6     the municipality shall consult with the appropriate law enforcement
 2-7     entity to determine the cost of enforcing traffic rules in the
 2-8     subdivision.
 2-9           (d)  On issuance of an order under this section, the private
2-10     roads in the subdivision are considered to be public highways or
2-11     streets for purposes of the application and enforcement of the
2-12     specified traffic rules. The governing body of the municipality may
2-13     place official traffic control devices on property abutting the
2-14     private roads if:
2-15                 (1)  those devices relate to the specified traffic
2-16     rule; and
2-17                 (2)  the consent of the owner of that property is
2-18     obtained or an easement is available for the placement.
2-19           SECTION 2. This Act takes effect September 1, 2001.