BILL ANALYSIS

 

 

 

H.B. 4348

By: Capriglione

Transportation

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that, due to population growth, Texas motorists require additional road capacity. However, the bill author has also informed the committee that cities have recently reduced the number of lanes open to vehicles on many heavily trafficked roads, redesignating that space to bus or bicycle lanes or expanding sidewalks for pedestrians instead. H.B. 4348 seeks to ensure the maintenance of sufficient road capacity in Texas cities by prohibiting certain local governmental entities from implementing certain roadway projects that would reallocate roadway space to another use or narrow existing marked lanes on a laned roadway.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 4348 amends the Transportation Code to change the type of control that a home-rule municipality has over and under the public highways, streets, and alleys of the municipality from exclusive control to delegated control. The bill conditions the authority of such a municipality to vacate, abandon, or close a street or alley on the governing body of the municipality doing the following:

·         holding a hearing to solicit and consider public comment on the proposed vacation, abandonment, or closure;

·         submitting to the Texas Transportation Commission a request for approval of the proposed vacation, abandonment, or closure in the form of a petition that does the following:

o   provides details of the vacation, abandonment, or closure requested by the municipality;

o   reviews and summarizes the comments from the hearing; and

o   demonstrates that the vacation, abandonment, or closure would not increase vehicular congestion in the municipality, in any county in which the municipality is located, or on the state highway system;

·         receiving commission approval of the vacation, abandonment, or closure requested in the submitted petition; and

·         receiving approval of two-thirds of the municipality's voters for the vacation, abandonment, or closure at an election held for that purpose on a uniform election date.

The bill requires the governing body holding the required hearing, not later than 30 days before the date of the hearing, to provide notice of the hearing to all residents who reside within a five-mile radius of the street or alley that is the subject of the hearing.

 

H.B. 4348 prohibits a local governmental entity from implementing a roadway project that does the following on a roadway maintained by the entity:

·         reallocates existing vehicular roadway space, including a turn lane, to another use, including a bike lane, high occupancy vehicle lane, toll lane under a state highway toll project, exclusive lane, bus or transit lane, sidewalk, pedestrian refuge island, transit stop, or parking space; or

·         narrows existing marked lanes on a roadway to reallocate roadway space for a use other than the creation of an additional vehicular, general purpose traffic lane.

The bill defines "roadway" as a road that has a minimum of two clearly marked lanes for vehicular travel. The bill requires a local governmental entity implementing a roadway project to include the telephone number and website address for the Texas Department of Transportation (TxDOT) in all public materials and communications about the project to allow a member of the public to submit a complaint regarding the project to TxDOT. The bill requires TxDOT, if TxDOT receives a complaint or otherwise is informed that a local governmental entity has implemented or plans to implement a roadway project prohibited by the bill, to investigate whether the roadway project is in violation of the bill's provisions and to report the results of the investigation to the commission and to the local governmental entity implementing the roadway project that is the subject of the investigation. The bill requires the commission, on finding that a roadway project of a local governmental entity violates the bill's provisions based on the results of the investigation, to deliver notice of the violation to the Texas Department of Housing and Community Affairs (TDHCA) and to the local governmental entity implementing the roadway project that is the subject of the violation.

 

H.B. 4348 authorizes a local governmental entity, not later than the 30th day after the date the entity receives notice that a roadway project of the entity violates the bill's provisions, to contest the determination by filing an appeal with TxDOT. The bill requires TxDOT, not later than the 30th day after the date such an appeal is filed, to review the findings of TxDOT's investigation and report the results of the review to the commission. The bill requires the commission, not later than the 30th day after the date the commission receives the results of TxDOT's review, to determine whether the roadway project violates the bill's provisions and to deliver notice of the determination to TDHCA and the local governmental entity that filed the appeal. If the commission determines that the roadway project is in violation of the bill's provisions, the notice must include recommendations for implementing the roadway project in a manner that will not violate the bill's provisions.

 

H.B. 4348 amends the Government Code to prohibit TDHCA from providing financial assistance to a local governmental entity if the commission notifies TDHCA that a roadway project of the entity violates the bill's provisions. The bill establishes that such a prohibition on financial assistance to a local governmental entity is effective until the earlier of:

·         the end of the local governmental entity's fiscal year following the fiscal year during which TDHCA receives notice of the violation; or

·         the date TDHCA receives notification from the commission that the entity has successfully appealed the commission's initial determination of a violation.

 

H.B. 4348 repeals Section 311.001(c), Transportation Code, which requires the governing body of a municipality with a population of 1.9 million or more to take certain actions before installing traffic calming measures within the municipality.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.