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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of certain commercial motor vehicles in |
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certain residential subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.428 to read as follows: |
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Sec. 545.428. OPERATION OF CERTAIN COMMERCIAL MOTOR |
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VEHICLES IN RESIDENTIAL SUBDIVISION. (a) In this section: |
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(1) "Commercial motor vehicle" means: |
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(A) a commercial motor vehicle, as defined by |
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Section 522.003, regardless of whether the vehicle is being |
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operated for a commercial purpose; or |
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(B) a road tractor, truck tractor, pole trailer, |
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or semitrailer. |
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(2) "Residential subdivision" means a subdivision in |
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the corporate limits of a municipality or the unincorporated area |
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of a county: |
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(A) for which a plat is recorded in the county |
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real property records; and |
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(B) in which the majority of lots are subject to a |
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deed restriction limiting the lots to residential use. |
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(b) This section applies only to a county in which a part of |
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the Barnett Shale natural gas field is known to be located. |
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(c) A person may not operate a commercial motor vehicle on a |
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highway or street: |
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(1) that is located in a residential subdivision; |
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(2) that is maintained by the municipality or county, |
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as applicable; and |
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(3) for which signs are posted under Subsection (f). |
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(d) It is an exception to the application of Subsection (c) |
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that the commercial motor vehicle being operated was at the time: |
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(1) transporting persons or property to or from the |
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residential subdivision or performing work in the subdivision; |
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(2) owned or leased by a commercial establishment |
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located in the residential subdivision and operated in connection |
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with that establishment; |
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(3) owned or leased by a person who owns or occupies a |
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residence in the subdivision and operated by that person; or |
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(4) accessing an oil or gas well that had no other |
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alternative means of access but through the subdivision. |
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(e) The residents of a residential subdivision may |
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petition, as applicable, the governing body of the municipality or |
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the commissioners court of the county in which the subdivision is |
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located for the posting of signs prohibiting the operation of a |
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commercial motor vehicle in the subdivision. The petition must be |
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signed by at least 25 percent of the owners or occupants of |
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residences in the subdivision. Not more than one person for each |
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residence may sign the petition, and each person signing must be at |
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least 18 years of age. Promptly after the filing of a valid |
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petition, subject to Subsection (g), the governing body or the |
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commissioners court, as applicable, shall order that the signs be |
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posted. |
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(f) A sign required by this section must: |
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(1) be posted at each entrance of the subdivision |
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through which a commercial motor vehicle may enter the subdivision |
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or in the subdivision if there is not a defined entrance to the |
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subdivision; and |
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(2) state, in letters at least two inches in height, |
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that operation of a commercial motor vehicle is prohibited in the |
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subdivision. |
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(g) The governing body of a municipality or the |
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commissioners court of a county that receives a petition under |
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Subsection (e) may condition the posting of the signs on payment by |
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the residents of the residential subdivision of the cost of |
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providing the signs. |
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(h) For purposes of this section, contiguous subdivisions |
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that are developed by the same entity or a successor to that entity |
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and that are given the same public name or a variation of the same |
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public name are considered to be one subdivision. Separation of one |
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such subdivision from another by a highway or street, stream, |
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greenbelt, or similar barrier does not make the subdivisions |
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noncontiguous. |
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SECTION 2. This Act takes effect September 1, 2009. |