By:  Gallegos                                                     S.B. No. 200


A BILL TO BE ENTITLED

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.