BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3082

                                                                                                                  By: Thibaut (Patrick, Dan)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/14/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Issues have arisen in some neighborhoods of Houston where proposed street obstruction projects have not been presented for examination to the affected communities.  These residents have not been given the opportunity to voice their opinions in a public hearing and these proposals are not being voted on by the city council.

 

H.B. 3082 prohibits a municipality with a population of 1.9 million or more from proceeding on a proposed street obstruction project unless the city council holds a public hearing on the project and approves the project by a majority vote.

 

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 311.001, Transportation Code, by adding Subsection (c) to prohibit a municipality with a population of 1.9 million or more, notwithstanding Subsection (a) (relating to the exclusive control of a home-rule municipality) or (b) (relating to certain actions a home-rule municipality can take) or Section 311.007 (Closing of Street or Alley by Home-Rule Municipality), from permanently obstructing all or part of a street in the municipality that has previously been open to traffic unless the governing body of the municipality holds a public hearing on the issue of the obstruction, and approves the obstruction by a majority vote.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.