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.