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                                  * * * * *