79R3876 YDB-F

By:  Smith of Harris                                              H.B. No. 2044



A BILL TO BE ENTITLED

AN ACT

relating to county authority to regulate vehicular or pedestrian 
gates at certain gated communities and multi-unit housing projects.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter E, Chapter 352, Local 
Government Code, is amended to read as follows:

SUBCHAPTER E. GATED MULTI-UNIT HOUSING PROJECTS

AND GATED COMMUNITIES
	SECTION 2.  Sections 352.111, 352.112, and 352.113, Local 
Government Code, are amended to read as follows:
	Sec. 352.111.  HOUSING PROJECT OR GATED COMMUNITY SUBJECT TO 
SUBCHAPTER.  This subchapter applies only to a multi-unit housing 
project or gated community located outside municipal boundaries in 
an area not already subject to municipal regulations regarding 
vehicular or pedestrian gates.
	Sec. 352.112.  DEFINITIONS [DEFINITION].  In this 
subchapter:
		(1)  "Gated community" means a subdivision or housing 
development with two or more dwellings not under common ownership 
and with access to the community controlled through the use of a 
vehicular or pedestrian gate.
		(2)  "Multi-unit [, "multi-unit] housing project" 
means an apartment, condominium, or townhome project with [that 
contains] two or more dwelling units and with access to the 
multi-unit housing project controlled through the use of a 
vehicular or pedestrian gate.
	Sec. 352.113.  COUNTY AUTHORITY TO REGULATE VEHICULAR OR 
PEDESTRIAN GATES TO MULTI-UNIT HOUSING PROJECTS AND GATED 
COMMUNITIES.  To assure reasonable access for fire-fighting 
vehicles and equipment, emergency medical services vehicles, and 
law enforcement officers, a county may require the owner or the 
owners association of a multi-unit housing project or a gated 
community to comply with this subchapter.
	SECTION 3.  Sections 352.114(a) and (b), Local Government 
Code, are amended to read as follows:
	(a)  Each vehicular gate to a [the] multi-unit housing 
project or gated community must have a lockbox within sight of the 
gate and in close proximity outside the gate.  The lockbox at all 
times must contain a key, card, or code to open the gate or a key 
switch or cable mechanism that overrides the key, card, or code that 
normally opens the gate and allows the gate to be opened manually.
	(b)  If there are one or more pedestrian gates to a [the] 
multi-unit housing project or gated community [and no vehicular 
gate], at least one pedestrian gate must have a lockbox within sight 
of the gate and in close proximity outside the gate.  The lockbox at 
all times must contain a key, card, code, key switch, or cable 
mechanism to open the gate.
	SECTION 4.  Sections 352.115(a) and (c), Local Government 
Code, are amended to read as follows:
	(a)  In a multi-unit housing project or gated community that 
has one or more vehicular gates:
		(1)  at least one vehicular gate must be wide enough for 
fire-fighting vehicles, fire-fighting equipment, emergency medical 
services vehicles, or law enforcement vehicles to enter; and
		(2)  at least one driveway apron or entrance from the 
public right-of-way must be free of permanent obstacles that might 
impede entry by a vehicle or equipment listed in Subdivision (1).
	(c)  A pedestrian gate in a multi-unit housing project or 
gated community must be located so as to provide firefighters, law 
enforcement officers, and other emergency personnel reasonable 
access to each building.
	SECTION 5.  Section 352.117(a), Local Government Code, is 
amended to read as follows:
	(a)  A county may require the owner or the owners association 
of a multi-unit housing project or gated community to obtain a 
permit from the county fire marshal or other authority with 
fire-fighting jurisdiction in the county to ensure compliance with 
this subchapter.
	SECTION 6.  Section 352.119(a), Local Government Code, is 
amended to read as follows:
	(a)  A county may not impose under this subchapter specific 
standards relating to vehicular gate widths, obstacle-free 
driveway aprons or entrances, pedestrian gate locations, or 
building numbers that exceed the requirements for new multi-unit 
housing projects or gated communities contained in the municipal 
ordinances of:
		(1)  the municipality within whose extraterritorial 
jurisdiction the multi-unit housing project or gated community is 
located;  or
		(2)  the municipality nearest, on a straight line, to 
the boundary of the multi-unit housing project or gated community, 
if the project or community is not within the extraterritorial 
jurisdiction of a municipality.
	SECTION 7.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.