HBA-NRS H.B. 1855 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1855 By: Ellis, Dan Transportation 3/1/2001 Introduced BACKGROUND AND PURPOSE Currently, only property owners in a subdivision with a population of at least 400 residents that is located outside a municipality may petition the Texas Transportation Commission to have speed restrictions enforced. The Onalaska Police Department has been requested to patrol and enforce traffic laws by some subdivisions in San Jacinto County. However, due to limitations in current law, the Onalaska Police Department is unable to permit its officers to perform such patrols. House Bill 1855 allows a subdivision of 100 residents or more to petition the Texas Transportation Commission to have all traffic laws enforced on the subdivision's private roads. 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. ANALYSIS House Bill 1855 amends the Transportation Code to authorize a majority of the real property owners in a subdivision to petition the Texas Transportation Commission (commission), on the approval of a county and a municipality in which the subdivision is located, to extend the restrictions involving the rules of the road to the private roads of the subdivision if it has at least 100 residents and if a plat for the subdivision has been filed in the deed records of the county. The bill authorizes the commission to issue an order extending restrictions if the commission finds the order is in the interests of the area residents and the public generally. If the commission rejects the petition, the bill requires the commission to hold a public hearing on the advisability of making the restrictions of the rules of the road applicable. The bill provides that the hearing must be held in the county where the subdivision is located and requires the commission to publish notice of the hearing in a newspaper of general circulation in that county at least 10 days before the date of the hearing. At the hearing, if the commission finds that it would be in the best interests of the area residents and the public generally, the bill requires the commission to issue an order extending the restrictions to the designated private roads. The bill sets forth that after the commission issues an order, the designated private roads are public highways for purposes of the restrictions. The commission is required to place any necessary traffic control devices on property abutting the private road with the consent of the owner of the property. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.