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.