BILL ANALYSIS
Senate Research Center H.B. 348
79R2083 JTS-D By:
Chisum (Seliger)
Intergovernmental Relations
5/3/2005
Engrossed
AUTHOR'S/SPONSOR'S
STATEMENT OF INTENT
The Texas
Transportation Code allows persons and neighborhood associations to erect a
gate across certain neighborhood and third-class roads. Since the time this
code was enacted, these roads have seen increasing amounts of motor vehicle
traffic. Several problems have arisen, for instance, farm machinery is larger
and needs more room for clearance. The gates also cause unnecessary delay to
emergency vehicles. Emergency personnel must stop the vehicle, exit the
vehicle, open the gate, get back in the vehicle, drive through the gate, and
then get out and close the gate, or be guilty of an offense for failing to
close the gate.
The placing of these gates and
refusal to move them has led to frequent litigation by counties seeking removal
of these gates. H.B. 348 rectifies the situation by requiring the approval of
the commissioners court of a county before a gate can be erected.
RULEMAKING AUTHORITY
This bill does
not expressly grant any additional rulemaking authority to a state officer,
institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section
251.010, Transportation Code, by adding Subsection (e), to prohibit a person
from erecting a gate under this section (Gates on Third-Class and Neighborhood
Roads; Offenses) unless the gate is approved by the commissioners court of the
county.
SECTION 2. Effective date:
September 1, 2005.