HBA-ALS H.B. 1703 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1703
By: Gallego
Transportation
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the state or a political subdivision is not authorized to
enforce traffic rules and regulations on private property such as
privately-owned subdivisions and gated communities.  Residents in some
subdivisions may be unable to generate enough revenue to pay private
contractors to enforce traffic laws within the subdivision.  The purpose of
this bill is to allow privately-owned communities to contract with a county
to extend and enforce traffic rules applying to county roads. 

H.B.1703 allows a commissioners court of a county (court) to extend a
traffic rule which applies to a county road to the roads of a subdivision
if a majority of the subdivision's property owners petition the court to do
so and the court finds it is in the county's interest.  This bill allows
the court to require the subdivision to pay the cost of extending and
enforcing the traffic rule and establishes that the private roads are
considered to be county roads for purposes of the application and
enforcement of a traffic rule.  H.B.1703 allows the court to place traffic
control devices on property abutting private roads if the property owner's
consent is obtained and the devices are related to the traffic rule.
H.B.1703 only applies to a subdivision located in the unincorporated area
of a county with a population of 10,000 or less. 
 
RULEMAKING AUTHORITY


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 542, Transportation Code, by
adding Section 542.007, as follows: 

Sec.  542.007.  TRAFFIC REGULATIONS: PRIVATE SUBDIVISION IN CERTAIN
COUNTIES. Provides that this section only applies to a subdivision located
in the unincorporated area of a county with a population of 10,000 or less. 

(b) Authorizes the commissioners court of a county (court), by order, to
extend any traffic rules which apply to a county road to a subdivision's
privately maintained roads upon the petition of a majority of the
subdivision's resident property owners if the court finds that it is in the
interest of the county generally.  Provides that the petition must specify
which traffic rules are to be extended.  Authorizes the order to extend to
any or all of the requested traffic rules.  

(c) Authorizes the court to require property owners in the subdivision to
pay all or part of the cost of extending and enforcing the traffic rules in
the subdivision as a condition of extending a traffic rule.  Requires the
court to consult with the sheriff to determine the cost of enforcing
traffic rules in the subdivision. 

(d) Provides that on issuance of an order, the private roads in the
subdivision are considered to be county roads for purposes of the
application and enforcement of the specified traffic rules.  Authorizes the
court to place official traffic control devices on property that abuts
private roads if the devices relate to the specified traffic rule and the
property owner consents. 

SECTION 2.Effective date: September 1, 1999.

 SECTION 3.Emergency clause.