BILL ANALYSIS

 

 

Senate Research Center	S.B. 2238
89R8372 MZM-D	By: Bettencourt
	Local Government
	3/28/2025
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Counties and municipalities are creating mobility initiatives that restrict certain modes of transportation, limiting roadway access, and increasing costs for drivers.

 

S.B. 2238 prohibits counties and municipalities from implementing mobility initiatives that restrict or disincentivize the use of certain transportation modes, such as vehicle bans, street closures, or congestion pricing.

 

As proposed, S.B. 2238 amends current law relating to the authority of a county or municipality to prohibit or restrict the use of a certain mode of transportation on a roadway.

 

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 Subchapter E, Chapter 251, Transportation Code, by adding Section 251.162, as follows:

 

Sec. 251.162. PROHIBITION OR RESTRICTION OF CERTAIN MODES OF TRANSPORTATION PROHIBITED. Prohibits the commissioners court of a county from:

 

(1) prohibiting the use of a certain mode of transportation on a roadway that is not otherwise prohibited on that roadway under or as required by state law; or

 

(2) imposing a fine for the use of a certain mode of transportation on a roadway.

 

SECTION 2. Amends Subchapter Z, Chapter 311, Transportation Code, by adding Section 311.905, as follows:

 

Sec. 311.905. PROHIBITION OR RESTRICTION OF CERTAIN MODES OF TRANSPORTATION PROHIBITED. Prohibits the governing body of a municipality from:

 

(1) prohibiting the use of a certain mode of transportation on a roadway that is not otherwise prohibited on that roadway under or as required by state law; or

 

(2) imposing a fine for the use of a certain mode of transportation on a roadway.

 

SECTION 3. Effective date: September 1, 2025.