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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on certain roadway projects and to the |
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distribution of affordable housing funds to local governmental |
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entities that violate that prohibition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.001(a), Transportation Code, is |
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amended to read as follows: |
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(a) A home-rule municipality has delegated [exclusive] |
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control over and under the public highways, streets, and alleys of |
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the municipality. |
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SECTION 2. Section 311.007, Transportation Code, is amended |
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to read as follows: |
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Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE |
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MUNICIPALITY. (a) A home-rule municipality may vacate, abandon, |
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or close a street or alley only if the governing body of the |
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municipality: |
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(1) holds a hearing to solicit and consider public |
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comment on the proposed vacation, abandonment, or closure; |
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(2) submits to the commission a request for approval |
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of the proposed vacation, abandonment, or closure in the form of a |
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petition that: |
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(A) provides details of the vacation, |
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abandonment, or closure requested by the municipality; |
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(B) reviews and summarizes the comments from the |
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hearing; and |
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(C) demonstrates that the vacation, abandonment, |
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or closure would not increase vehicular congestion: |
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(i) in the municipality; |
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(ii) in any county in which the |
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municipality is located; or |
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(iii) on the state highway system; |
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(3) receives commission approval of the vacation, |
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abandonment, or closure requested in the petition submitted under |
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Subdivision (2); and |
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(4) receives approval of two-thirds of the |
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municipality's voters for the vacation, abandonment, or closure at |
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an election held for that purpose on a uniform election date. |
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(b) Not later than 30 days before the date of a hearing |
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required under Subsection (a)(1), the governing body of the |
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municipality holding the hearing shall provide notice of the |
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hearing to all residents who reside within a five-mile radius of the |
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street or alley that is the subject of the hearing. |
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SECTION 3. Chapter 472, Transportation Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. CERTAIN ROADWAY PROJECTS PROHIBITED |
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Sec. 472.051. DEFINITION. In this subchapter, "roadway" |
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means a road that has at least two clearly marked lanes for |
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vehicular travel. |
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Sec. 472.052. APPLICABILITY. This subchapter applies only |
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to a roadway project that: |
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(1) reallocates existing vehicular roadway space, |
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including a turn lane, to another use, including a bike lane, |
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restricted lane as defined by Section 224.151, bus or transit lane, |
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sidewalk, pedestrian refuge island, transit stop, or parking space; |
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or |
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(2) narrows existing marked lanes on a roadway to |
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reallocate roadway space for a use other than the creation of an |
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additional vehicular, general purpose traffic lane. |
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Sec. 472.053. CERTAIN ROADWAY PROJECTS PROHIBITED. A local |
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governmental entity may not implement a roadway project described |
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by Section 472.052 on a roadway maintained by the entity. |
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Sec. 472.054. NOTICE REQUIRED FOR ROADWAY PROJECTS. A |
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local governmental entity implementing a roadway project shall |
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include the department's telephone number and Internet website |
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address in all public materials and communications about the |
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project to allow a member of the public to submit a complaint |
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regarding the project to the department. |
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Sec. 472.055. INVESTIGATION BY DEPARTMENT. (a) If the |
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department receives a complaint or otherwise is informed that a |
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local governmental entity has implemented or plans to implement a |
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roadway project described by Section 472.052, the department shall |
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investigate whether the roadway project violates Section 472.053. |
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(b) The department shall report the results of an |
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investigation under Subsection (a) to: |
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(1) the local governmental entity implementing the |
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roadway project that is the subject of the investigation; and |
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(2) the commission. |
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Sec. 472.056. ACTION BY COMMISSION. If the commission |
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finds, based on the results of an investigation under Section |
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472.055, that a roadway project of a local governmental entity |
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violates Section 472.053, the commission shall deliver notice of |
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the violation to: |
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(1) the local governmental entity implementing the |
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roadway project that is the subject of the violation; and |
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(2) the Texas Department of Housing and Community |
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Affairs. |
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Sec. 472.057. APPEAL OF COMMISSION DETERMINATION. (a) Not |
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later than the 30th day after the date a local governmental entity |
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receives notice under Section 472.056 that a roadway project of the |
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entity violates Section 472.053, the entity may contest the |
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determination by filing an appeal with the department. |
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(b) Not later than the 30th day after the date an appeal is |
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filed with the department under Subsection (a), the department |
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shall review the findings of the department's investigation under |
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Section 472.055 and report the results of the review to the |
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commission. |
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(c) Not later than the 30th day after the date the |
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commission receives the results of the department's review under |
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Subsection (b), the commission shall determine whether the roadway |
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project violates Section 472.053. |
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(d) The commission shall deliver notice of the commission's |
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determination to: |
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(1) the local governmental entity that filed the |
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appeal; and |
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(2) the Texas Department of Housing and Community |
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Affairs. |
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(e) If the commission determines that the roadway project |
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violates Section 472.053, the notice must include recommendations |
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for implementing the roadway project in a manner that will not |
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violate Section 472.053. |
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SECTION 4. Section 2306.111, Government Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) The department may not provide financial assistance to a |
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local governmental entity if the Texas Transportation Commission |
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notifies the department under Section 472.056(2), Transportation |
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Code, that a roadway project of the entity violates Section |
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472.053, Transportation Code. A prohibition on financial |
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assistance to a local governmental entity under this subsection is |
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effective until the earlier of: |
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(1) the end of the local governmental entity's fiscal |
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year following the fiscal year during which the department receives |
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notice under Section 472.056(2), Transportation Code; or |
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(2) the date the department receives notification from |
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the commission under Section 472.057(d), Transportation Code, that |
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the entity has successfully appealed the commission's initial |
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determination of a violation of Section 472.053, Transportation |
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Code. |
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SECTION 5. Section 311.001(c), Transportation Code, is |
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repealed. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |