1-1 By: Fraser S.B. No. 217 1-2 (In the Senate - Filed January 10, 2001; January 16, 2001, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; January 31, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 6, Nays 0; 1-6 January 31, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 217 By: West 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the application and enforcement of traffic regulations 1-11 in certain private subdivisions. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter A, Chapter 542, Transportation Code, 1-14 is amended by adding Section 542.008 to read as follows: 1-15 Sec. 542.008. TRAFFIC REGULATIONS: PRIVATE SUBDIVISIONS IN 1-16 CERTAIN MUNICIPALITIES. (a) This section applies only to a 1-17 subdivision in which the roads are privately owned or maintained 1-18 that is located in a municipality with a population of 300 or more. 1-19 (b) On petition of 25 percent of the property owners 1-20 residing in the subdivision or 25 percent of the residents of the 1-21 municipality, or on the request of the governing body of the entity 1-22 that maintains the roads, the governing body of the municipality 1-23 may extend by ordinance any traffic rules that apply to a road 1-24 owned by the municipality, or by the county in which the 1-25 municipality is located, to the roads in the subdivision so that 1-26 the roads of the subdivision and municipality are under the same 1-27 traffic rules, if the governing body of the municipality finds the 1-28 ordinance in the interest of the municipality generally. A 1-29 petition under this subsection must specify the traffic rules that 1-30 are sought to be extended. The ordinance may extend any or all of 1-31 the requested rules. 1-32 (c) As a condition of extending a traffic rule under 1-33 Subsection (b), the governing body of the municipality may require 1-34 that owners of property in the subdivision pay all or part of the 1-35 cost of extending and enforcing the traffic rules in the 1-36 subdivision, including the costs associated with the placement of 1-37 necessary official traffic control devices. The governing body of 1-38 the municipality shall consult with the appropriate law enforcement 1-39 entity to determine the cost of enforcing traffic rules in the 1-40 subdivision. 1-41 (d) On issuance of an order under this section, the private 1-42 roads in the subdivision are considered to be public highways or 1-43 streets for purposes of the application and enforcement of the 1-44 specified traffic rules. The governing body of the municipality 1-45 may place official traffic control devices on property abutting the 1-46 private roads if: 1-47 (1) those devices relate to the specified traffic 1-48 rule; and 1-49 (2) the consent of the owner of that property is 1-50 obtained or an easement is available for the placement. 1-51 SECTION 2. This Act takes effect September 1, 2001. 1-52 * * * * *