S.B. No. 200
AN ACT
relating to county authority to regulate vehicular or pedestrian
gates to gated communities.
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 COMMUNITIES AND MULTI-UNIT HOUSING PROJECTS
SECTION 2. Section 352.111, Local Government Code, is
amended to read as follows:
Sec. 352.111. GATED COMMUNITY OR HOUSING PROJECT SUBJECT TO
SUBCHAPTER. This subchapter applies only to a gated community, or
to a multi-unit housing project that controls access to the project
by a pedestrian or vehicular gate, located outside municipal
boundaries in an area not already subject to municipal regulations
regarding vehicular or pedestrian gates.
SECTION 3. Section 352.112, Local Government Code, is
amended to read as follows:
Sec. 352.112. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Gated community" means a residential subdivision
or housing development with a vehicular or pedestrian gate that
contains two or more dwellings not under common ownership. The term
does not include a multi-unit housing project.
(2) "Multi-unit[,"multi-unit] housing project" means
an apartment, condominium, or townhome project that contains two or
more dwelling units.
SECTION 4. Section 352.113, Local Government Code, is
amended to read as follows:
Sec. 352.113. COUNTY AUTHORITY TO REGULATE VEHICULAR OR
PEDESTRIAN GATES TO GATED COMMUNITIES AND MULTI-UNIT HOUSING
PROJECTS. 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 gated community or multi-unit housing project to
comply with this subchapter.
SECTION 5. Subsections (a) and (b), Section 352.114, Local
Government Code, are amended to read as follows:
(a) Each vehicular gate to the gated community or multi-unit
housing project 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 the
multi-unit housing project 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 6. Subsections (a) and (c), Section 352.115, Local
Government Code, are amended to read as follows:
(a) In a gated community or multi-unit housing project 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 gated community or multi-unit
housing project must be located so as to provide firefighters, law
enforcement officers, and other emergency personnel reasonable
access to each building.
SECTION 7. Subsection (a), Section 352.117, Local
Government Code, is amended to read as follows:
(a) A county may require the owner or the owners association
of a gated community or multi-unit housing project 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 8. Subsection (a), Section 352.119, 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 gated
communities or new multi-unit housing projects contained in the
municipal ordinances of:
(1) the municipality within whose extraterritorial
jurisdiction the gated community or multi-unit housing project is
located; or
(2) the municipality nearest, on a straight line, to
the boundary of the gated community or multi-unit housing project,
if the community or project is not within the extraterritorial
jurisdiction of a municipality.
SECTION 9. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 200 passed the Senate on
March 17, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 200 passed the House on
May 20, 2005, by the following vote: Yeas 139, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor