BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 200

79R2356 MXM-F                                                                                                          By: Gallegos

                                                                                                               Intergovernmental Relations

2/10/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Under current law, counties do not have the statutory authority to regulate gated communities in unincorporated areas. As proposed, S.B. 200 grants certain counties the authority to regulate fire protection in multi-unit housing projects located outside municipal boundaries. This bill permits fire protection authorities to access gated communities in the event of an emergency.

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 the heading to Subchapter E, Chapter 352, Local Government Code, to read as follows:

SUBCHAPTER E. GATED COMMUNITIES AND MULTI-UNIT HOUSING PROJECTS

SECTION 2. Amends Section 352.111, Local Government Code, as follows:

            Sec. 352.111. New heading: GATED COMMUNITY OR HOUSING PROJECT             SUBJECT TO SUBCHAPTER. Provides that this chapter applies to a gated community   or multi-unit housing project that controls access to the project by a pedestrian or          vehicular gate, rather than a multi-unit housing project, which is located outside            municipal boundaries in an area not already subject to municipal regulations regarding       vehicular or pedestrian gates.

SECTION 3. Amends Section 352.112, Local Government Code, as follows:

            Sec. 352.11. New heading: DEFINITIONS. Defines "gated community."  Makes a           nonsubstantive change.

SECTION 4. Amends Section 352.113, Local Government Code, as follows:

            Sec. 352.114. New heading: COUNTY AUTHORITY TO REGULATE VEHICULAR OR PEDESTRIAN GATES TO GATED COMMUNITIES AND MULTI-UNIT        HOUSING PROJECTS. Authorizes a county to require the owner or the owners        association of a gated community or a multi-unit housing project to comply with this     subchapter.

SECTION 5. Amends Sections 352.114(a) and (b), Local Government Code, as follows:

            (a) Requires each vehicular gate to a gated community or multi-unit housing project to       have a lockbox within sight of the gate and in close proximity outside the gate. Sets forth the requirements regarding the contents of a lockbox.

            (b) Deletes existing text limiting the provisions of this subsection to those multi-unit          housing projects which have one or more pedestrian gates and no vehicular gate.

SECTION 6. Amends Sections 352.115(a) and (c), Local Government Code, as follows:

            (a) Sets forth requirements regarding vehicular gates in a gated community or multi-unit    project that has one or more vehicular gates.

            (c) Requires a pedestrian gate in a gated community or multi-unit housing project to be      located so as to provide firefighters, law enforcement officers, and other emergency            personnel reasonable access to each building. 

SECTION 7. Amends Section 352.117(a), Local Government Code, to authorize a county to require the owner or the owners association of a gated community or multi-unit housing project to obtain a permit, as specified, to ensure compliance with this subchapter.

SECTION 8. Amends Section 352.119(a), Local Government Code, to prohibit a county from imposing specific standards for new gated communities or new multi-unit housing projects contained in the municipal ordinances of certain municipalities.

SECTION 9. Effective date: upon passage or September 1, 2005.