HBA-MPA, ALS C.S.H.B. 3684 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3684
By: Flores
Transportation
4/8/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, an owner of property containing a third-class road or a
specified neighborhood road, the right-of-way of which was obtained without
a cost to the county, may erect a gate across the road, if the gate meets
certain requirements relating to its construction. 

C.S.H.B. 3684 allows a neighborhood association, in addition to a property
owner, to erect this type of gate.  This bill also prohibits the gate's
construction from causing unnecessary delay to persons, including emergency
personnel. 

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 Chapter 251.010(a), Transportation Code, to authorize a
person, including a neighborhood association, who owns or controls real
property containing a third-class road or a specified neighborhood road,
the right-of-way of which was obtained without a cost the county, to erect
a gate across the road, if necessary.  Provides that the gate must be
constructed so that opening and shutting the gate will not cause
unnecessary delay to persons, including emergency personnel.  Makes a
conforming change. 

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3684 differs from the original bill in SECTION 1 by substituting
the phrase "including a neighborhood association" for the phrase "or a
homeowner's association" in Section 251.010(a), Transportation Code, and
making a nonsubstantive change to the wording of Subdivision (3).  The
substitute does not make a conforming change to existing  Subsection (b),
that occurs in the original bill.