HBA-JRA, MPA C.S.H.B. 1575 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1575 By: Maxey Urban Affairs 4/27/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, state law prohibits "double parking." Activities such as valet parking and loading and unloading goods sometimes require double parking. The result has been that police have to make judgment calls when they see these activities, and employees are unsure whether and how to carry out their job duties. Since many activities relating to downtown businesses require double parking, police often are placed in the position of having to enforce the law on a case-by-case basis. C.S.H.B. 1575 promotes uniform application of the law and helps downtown economies by allowing municipalities to regulate double parking in their downtown areas. 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 Section 545.302, Transportation Code, by adding Subsection (g), as follows: (g) Authorizes the governing body of a municipality to adopt an ordinance regulating the standing, stopping, or parking of a vehicle on the roadway side of a vehicle stopped or parked at the edge or curb of a street as described by Subsection (a)(1), other than a road or highway in the state highway system, in the central business district of the municipality as defined in the ordinance if the governing body determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety. Provides that if there is a conflict between the ordinance and Subsection (a)(1), the ordinance controls. SECTION 2. Amends Section 545.303, Transportation Code, by adding Subsection (e), as follows: (e) Provides that, to the extent of any conflict between Subsection (a) or (b) (relating to parallel parking) and a municipal ordinance adopted under Section 545.302(g), the ordinance controls. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (proposed Section 545.302(g), Transportation Code) by providing that the governing body of a municipality may adopt the described ordinance if the governing body determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety. The substitute also specifies that such an ordinance does not apply to a road or highway in the state highway system. The substitute modifies the original by adding a new SECTION 2 (proposed Section 545.303(e), Transportation Code) to provide that, to the extent of any conflict between Subsection (a) or (b) (relating to parallel parking) and a municipal ordinance adopted under Section 545.302(g), the ordinance controls. The substitute redesignates SECTION 2 (emergency clause) of the original to SECTION 3.