By: Capriglione H.B. No. 4348
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on certain roadway projects and to the
  distribution of affordable housing funds to local governmental
  entities that violate that prohibition.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 311.001(a), Transportation Code, is
  amended to read as follows:
         (a)  A home-rule municipality has delegated [exclusive]
  control over and under the public highways, streets, and alleys of
  the municipality.
         SECTION 2.  Section 311.007, Transportation Code, is amended
  to read as follows:
         Sec. 311.007.  CLOSING OF STREET OR ALLEY BY HOME-RULE
  MUNICIPALITY.  (a) A home-rule municipality may vacate, abandon,
  or close a street or alley only if the governing body of the
  municipality:
               (1)  holds a hearing to solicit and consider public
  comment on the proposed vacation, abandonment, or closure;
               (2)  submits to the commission a request for approval
  of the proposed vacation, abandonment, or closure in the form of a
  petition that:
                     (A)  provides details of the vacation,
  abandonment, or closure requested by the municipality;
                     (B)  reviews and summarizes the comments from the
  hearing; and
                     (C)  demonstrates that the vacation, abandonment,
  or closure would not increase vehicular congestion:
                           (i)  in the municipality;
                           (ii)  in any county in which the
  municipality is located; or
                           (iii)  on the state highway system;
               (3)  receives commission approval of the vacation,
  abandonment, or closure requested in the petition submitted under
  Subdivision (2); and
               (4)  receives 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.
         (b)  Not later than 30 days before the date of a hearing
  required under Subsection (a)(1), the governing body of the
  municipality holding the hearing shall 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.
         SECTION 3.  Chapter 472, Transportation Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  CERTAIN ROADWAY PROJECTS PROHIBITED
         Sec. 472.051.  DEFINITION.  In this subchapter, "roadway"
  means a road that has at least two clearly marked lanes for
  vehicular travel.
         Sec. 472.052.  APPLICABILITY. This subchapter applies only
  to a roadway project that:
               (1)  reallocates existing vehicular roadway space,
  including a turn lane, to another use, including a bike lane,
  restricted lane as defined by Section 224.151, bus or transit lane,
  sidewalk, pedestrian refuge island, transit stop, or parking space;
  or
               (2)  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.
         Sec. 472.053.  CERTAIN ROADWAY PROJECTS PROHIBITED. A local
  governmental entity may not implement a roadway project described
  by Section 472.052 on a roadway maintained by the entity.
         Sec. 472.054.  NOTICE REQUIRED FOR ROADWAY PROJECTS. A
  local governmental entity implementing a roadway project shall
  include the department's telephone number and Internet website
  address in all public materials and communications about the
  project to allow a member of the public to submit a complaint
  regarding the project to the department.
         Sec. 472.055.  INVESTIGATION BY DEPARTMENT.  (a)  If the
  department receives a complaint or otherwise is informed that a
  local governmental entity has implemented or plans to implement a
  roadway project described by Section 472.052, the department shall
  investigate whether the roadway project violates Section 472.053.
         (b)  The department shall report the results of an
  investigation under Subsection (a) to:
               (1)  the local governmental entity implementing the
  roadway project that is the subject of the investigation; and
               (2)  the commission.
         Sec. 472.056.  ACTION BY COMMISSION.  If the commission
  finds, based on the results of an investigation under Section
  472.055, that a roadway project of a local governmental entity
  violates Section 472.053, the commission shall deliver notice of
  the violation to:
               (1)  the local governmental entity implementing the
  roadway project that is the subject of the violation; and
               (2)  the Texas Department of Housing and Community
  Affairs.
         Sec. 472.057.  APPEAL OF COMMISSION DETERMINATION. (a) Not
  later than the 30th day after the date a local governmental entity
  receives notice under Section 472.056 that a roadway project of the
  entity violates Section 472.053, the entity may contest the
  determination by filing an appeal with the department.
         (b)  Not later than the 30th day after the date an appeal is
  filed with the department under Subsection (a), the department
  shall review the findings of the department's investigation under
  Section 472.055 and report the results of the review to the
  commission.
         (c)  Not later than the 30th day after the date the
  commission receives the results of the department's review under
  Subsection (b), the commission shall determine whether the roadway
  project violates Section 472.053.
         (d)  The commission shall deliver notice of the commission's
  determination to:
                     (1)  the local governmental entity that filed the
  appeal; and
                     (2)  the Texas Department of Housing and Community
  Affairs.
         (e)  If the commission determines that the roadway project
  violates Section 472.053, the notice must include recommendations
  for implementing the roadway project in a manner that will not
  violate Section 472.053.
         SECTION 4.  Section 2306.111, Government Code, is amended by
  adding Subsection (k) to read as follows:
         (k)  The department may not provide financial assistance to a
  local governmental entity if the Texas Transportation Commission
  notifies the department under Section 472.056(2), Transportation
  Code, that a roadway project of the entity violates Section
  472.053, Transportation Code. A prohibition on financial
  assistance to a local governmental entity under this subsection is
  effective until the earlier of:
               (1)  the end of the local governmental entity's fiscal
  year following the fiscal year during which the department receives
  notice under Section 472.056(2), Transportation Code; or
               (2)  the date the department receives notification from
  the commission under Section 472.057(d), Transportation Code, that
  the entity has successfully appealed the commission's initial
  determination of a violation of Section 472.053, Transportation
  Code.
         SECTION 5.  Section 311.001(c), Transportation Code, is
  repealed.
         SECTION 6.  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, 2025.